This is the Cato Daily Podcast for Wednesday, July 18, 2018. I'm Caleb Brown.

When Supreme Court nominee Brett Kavanaugh comes before the US Senate for confirmation hearings

one opinion of his should stand out.

Klamen v Obama, a case that unsuccessfully challenged the National Security Agency's bulk collection

of data about your telephone calls.

Matthew Feeney argues that the case raises some substantial concerns about Kavanaugh's view

of American privacy.

I recently spoke with Gene Healy about Brett Kavanaugh, the new nominee

to the U.S. Supreme Court and his record on cases relating to civil liberties and surveillance.

Now you wrote a little more on the Cato blog

about a specific case, which was Klayman v Obama Obama and this challenged the constitutional basis for the NSA's collection of bulk telephone metadata. So first of all explain roughly what that case

specifically was asking. Right, so as you said the case involved the NSA's metadata program and Larry Klayman challenged

the constitutionality of the program and this case was making its way through the courts and it eventually ended up at the

court where Brett Kavanaugh sits which is the US Court of Appeals for the DC Circuit.

Now the interesting writing that we have before us

when it comes to Kavanaugh and this case

comes from a denial of rehearing this case on Bonk,

which means the entire bench hearing the case

after the DC circuit decided to stay a lower court injunction against this program.

So what's interesting about this? Well what's interesting is that the court decided to deny the rehearing and Kavanaugh decided to write

a solo concurrence, which I think includes a number of interesting articles that Kavanaugh should be asked about when he's before the Senate Judiciary Committee.

And the first thing to point out is that the beginning of this concurrence is rather ordinary in the sense that

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