OA189: Supreme Court Justice Brett Kavanaugh
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 6 July 2018
⏱️ 71 minutes
🧾️ Download transcript
Summary
- Why it's likely to be Kavanaugh and not any of the other rumored contenders, especially flavor-of-the-minute Amy Coney Barrett
- Kavanaugh's view of the First Amendment's establishment clause and the future of Lemon v. Kurtzman
- Kavanaugh's views on abortion
- How Kavanaugh differs (and how he doesn't!) from Neil Gorsuch when it comes to Chevron deference
- The weird conservative hit squad out to get Kavanaugh
- And much, much more!
- If you want a head start on Tuesday's show, check out the just-released Senate Select Committee on Intelligence report.
- This is the Notre Dame speech/law review article in which Kavanaugh lays out his judicial philosophy and essentially auditions for the Supreme Court.
- We discussed the following cases: Good News Club v. Milford Central School, 533 U.S. 98 (2001), Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), Priests for Life v. Department of Health & Human Services, 808 F.3d 1 (D.C. Cir. 2015) (en banc), Garza v. Hargan, 874 F.3d 735 (D.C. Cir. 2017) (en banc), United States Telecom Ass’n v. FCC (D.C. Cir., 2017) (en banc), PHH v. Consumer Financial Protection Bureau, 881 F.3d 75 (2018) (en banc), Seven-Sky v. Holder, 661 F.3d 1 (D.C. Cir 2011), and Heller v. D.C., 670 F.3d 1244 (D.C. Cir. 2011)!
- Right-wing weirdo roundups: Here's the National Review endorsement of Kavanaugh; this is the truly bizarre Jacobs piece in The Federalist; and here is the Federalist Society's own rebuttal.
- Finally, a preemptive Andrew Was Wrong: Here's Raymond Kethledge's University of Michigan address on how bad Chevron deference is.
Transcript
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| 0:00.0 | He thought I was going to read me my rights. |
| 0:04.3 | You have the right to have your face kicked in by me. |
| 0:06.3 | You have the right to have your balls stunted by him. |
| 0:08.4 | I'll wait where I'm at. |
| 0:18.6 | They're pretty simple. |
| 0:19.8 | The forms are all standard, boilerplate. |
| 0:21.8 | OK, well, we're all hungry. |
| 0:23.0 | We're going to get to our hot plate soon enough. |
| 0:24.5 | All right, let's talk about the contract here. |
| 0:26.7 | Sorry. |
| 0:31.0 | You'd be surprised how many doors a letter from a lawyer |
| 0:34.2 | can open or close. |
| 0:36.1 | It seems like you're talking slower |
| 0:37.7 | since you started charging by the hour. |
| 0:44.6 | What's the meaning of this? |
| 0:45.4 | This is my quiet time. |
| 0:46.4 | We're going to have to take you into custody. |
| 0:48.4 | That's outrageous. |
| 0:49.2 | What am I charged with? |
| 0:50.0 | Don't have to tell you anymore. |
| 0:51.3 | Clearly haven't been reading your Scalia. |
| 0:55.0 | Welcome to Opening Arguments, a podcast that |
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