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Tech Policy Podcast

#234: Judging Judge Kavanaugh

Tech Policy Podcast

TechFreedom

Technology

4.846 Ratings

🗓️ 30 July 2018

⏱️ 36 minutes

🧾️ Download transcript

Summary

Since Donald Trump announced Brett Kavanaugh as his pick to replace Justice Anthony Kennedy on the Supreme Court, both his supporters and opponents have argued aggressively over his fitness for the role. But where does Kavanaugh stand on digital privacy, telecom regulation and other critical tech issues? Ash and Berin dig into Kavanaugh’s previous decisions to try to evaluate what we can expect if he is confirmed.

Transcript

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0:00.0

Welcome to a tech policy podcast. I'm Ashken Kazarian. On today's show, we're going to talk about potential justice of a Supreme Court and Judge Kavanaugh.

0:13.0

Joining me is President of Tech Freedom and a future Supreme Court justice himself, Baron Zoka.

0:19.0

Well, my only qualification for being a Supreme Court justice other than having a JD

0:22.8

is that I also went to Georgetown Prep, like Judge Kavanaugh and Justice Gorsuch.

0:27.8

And you're a white male, so that's a good, that hires up your chances.

0:31.8

All right.

0:32.1

So Judge Kavanaugh is definitely a very divisive figure right now in American politics.

0:37.1

A lot of people

0:37.8

love or hate him without any basis reading his decisions. We at TechVritum have done a lot of

0:44.6

research and read his opinions. We've known the work Judge Kavana did before because we've

0:50.8

encountered him in our litigation. Barron, where do you want to start analyzing this?

0:57.1

Well, first, I just want to note that of the potential nominees, he is by far the judge with

1:03.8

the longest track record.

1:05.2

Amy Barrett had been on the court for only nine months.

1:08.8

Judge Kavanaugh has been on the court for 12 years.

1:11.9

12 years has written something like 240 decisions. So he's, and it should be noted, he's on the

1:19.3

D.C. Circuit Court of Appeals. Of course, nominally, all of the Court of Appeals are co-equal,

1:24.7

and they all feed cases up to the Supreme Court. But as a practical matter,

1:28.9

the D.C. Circuit is the court that handles the most important cases of constitutional and

1:34.7

administrative law. And so in that sense, it really is the second highest court in the land.

1:38.6

And on that court, Judge Kavanaugh has really distinguished himself again and again as being what one of our outside counsel called the best barometer of where the Supreme Court is heading.

1:51.2

And this is the overall theme for this episode today.

...

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