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Cato Podcast

What Brett Kavanaugh’s Court Record Doesn’t Show

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 11 July 2018

⏱️ 13 minutes

🧾️ Download transcript

Summary

Brett Kavanaugh, the new nominee to the Supreme Court, doesn't have a deep record when it comes to many areas libertarians care about. Walter Olson comments.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Wednesday, July 11th, 2018. I'm Caleb Brown.

0:09.2

There are large areas of the law where we simply don't know much about Brett Kavanaugh the new

0:13.8

nominee to the Supreme Court as he sits on the DC Circuit and doesn't get many of the

0:18.6

cases that would give Americans a sense of his philosophy of things like

0:22.4

police misconduct, education, and other areas.

0:25.0

Walter Olson, a senior fellow at the Cato Institute, comments on the record of the new nominee to the Supreme Court.

0:31.0

What kind of cases does the DC circuit simply not see much of that we would hope a judge like

0:40.9

Brett Kavanaugh would have seen more of so he has a record in those areas.

0:45.6

The DC Circuit is very atypical of other courts. It hears lots and lots of

0:51.4

challenges to federal agency action.

0:54.0

Those are important of course, but because it only hears geographical challenges from the District

0:58.8

of Columbia, it tends not to hear things like police brutality cases or a prisoner cases or even school

1:07.6

discipline cases and I think of Neil Gorsuch for example when he was on the

1:11.7

10th circuit one of the cases that everyone noticed

1:14.2

was someone who had been sort of jerked around by the schools and I think Albuquerque, New Mexico.

1:20.0

And this was not a Washington issue particularly, but it was an issue that shows very dramatically how a case that can turn someone's life upside down, can wind up in federal court, and the standards applied can make all the difference.

1:40.0

So Kavanaugh comes, like several other members of the Supreme Court with this special

1:46.6

experience, obviously very helpful for many Supreme Court cases in the mysteries of

1:51.3

administrative law and separation of powers and things like that.

1:58.0

It isn't as if the court is getting more specialized this way because the last two judges

2:01.6

to leave the court, Schullian Kennedy came from the

2:05.2

D.C. Circuit and the ninth respectively and the two judges to replace them are from the

...

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