The Agonies of Brett Kavanaugh
Episode
76 min
Read time
2 min
Topics
Leadership, Psychology & Behavior, Books & Authors
AI-Generated Summary
Key Takeaways
- ✓Military Contractor Immunity: Justice Kavanaugh interrupted multiple justices and lawyers across four pages of transcript defending Floor Corporation from liability after their subcontractor detonated suicide bomb at Bagram Air Base, prompting Justice Gorsuch to tell him to stop talking—signaling extreme pro-contractor bias.
- ✓Spending Clause Attack: Republican appointees signal willingness to rule against Rastafarian inmate whose hair was forcibly shaved despite Fifth Circuit precedent protecting his religious rights, potentially gutting enforcement of all federal spending programs by requiring super-clear damage provisions beyond statutory text authorizing appropriate relief.
- ✓Presidential Pardon Overreach: Trump issued pardons to seventy-five January sixth participants including Rudy Giuliani and Mark Meadows for state crimes, which presidents constitutionally cannot pardon, testing whether Supreme Court will expand executive power to override state prosecutions despite clear constitutional limits on federal pardon authority.
- ✓Epstein Email Revelations: Newly released Epstein estate emails show Ken Starr seeking advice after Baylor firing, Larry Summers complaining about Me Too movement, and Steve Bannon receiving counsel on discrediting Kavanaugh accusers—revealing powerful men's complicity in protecting sexual misconduct while Trump orders investigation calling revelations hoax.
- ✓Election Administration Case: Fifth circuit ruling invalidating Mississippi's five-day ballot receipt window after election day reaches Supreme Court, requiring quick resolution before midterms to establish stable rules for states allowing postmarked-by-election-day ballots to arrive and be counted within specified timeframes.
What It Covers
The Supreme Court's November sitting arguments reveal concerning patterns: justices appear ready to gut federal spending programs in religious liberty case Lander v Louisiana, while Justice Kavanaugh melts down defending military contractors from accountability.
Key Questions Answered
- •Military Contractor Immunity: Justice Kavanaugh interrupted multiple justices and lawyers across four pages of transcript defending Floor Corporation from liability after their subcontractor detonated suicide bomb at Bagram Air Base, prompting Justice Gorsuch to tell him to stop talking—signaling extreme pro-contractor bias.
- •Spending Clause Attack: Republican appointees signal willingness to rule against Rastafarian inmate whose hair was forcibly shaved despite Fifth Circuit precedent protecting his religious rights, potentially gutting enforcement of all federal spending programs by requiring super-clear damage provisions beyond statutory text authorizing appropriate relief.
- •Presidential Pardon Overreach: Trump issued pardons to seventy-five January sixth participants including Rudy Giuliani and Mark Meadows for state crimes, which presidents constitutionally cannot pardon, testing whether Supreme Court will expand executive power to override state prosecutions despite clear constitutional limits on federal pardon authority.
- •Epstein Email Revelations: Newly released Epstein estate emails show Ken Starr seeking advice after Baylor firing, Larry Summers complaining about Me Too movement, and Steve Bannon receiving counsel on discrediting Kavanaugh accusers—revealing powerful men's complicity in protecting sexual misconduct while Trump orders investigation calling revelations hoax.
- •Election Administration Case: Fifth circuit ruling invalidating Mississippi's five-day ballot receipt window after election day reaches Supreme Court, requiring quick resolution before midterms to establish stable rules for states allowing postmarked-by-election-day ballots to arrive and be counted within specified timeframes.
Notable Moment
Justice Kavanaugh's behavior defending military contractors became so disruptive that Justice Gorsuch, known for dominating oral arguments himself, publicly told Kavanaugh he would get his turn to speak, marking an unprecedented moment of one justice publicly rebuking another for excessive interruptions during proceedings.
Episode Transcript
Strict scrutiny is brought to you by Aura Frames. What if you could give a gift that's absolutely perfect? I know. Just wait. Like, this isn't like Sam Alito giving the gift of reproductive despotism. It's a really good gift, not one that you wanna take back. I'm thinking specifically of an aura frame. This is the ticket this holiday season. You can take an aura frame. You can load up your favorite pictures of your family, of your events, of your clients, and then give it to them as a gift. You can preload all of your favorite photos and give it to someone that you love, that you admire, with whom you work, everything. The aura frame is the perfect gift for every occasion and especially perfect at the holidays. Just download the Oura app and connect to Wi Fi and download away. It could not be easier. You can preload those photos before your OuraFrame ships to your giftee, and you can keep adding to it anywhere, anytime using the Oura app. You can personalize your gift with a special message before it ships. You can share photos and videos effortlessly going forward straight from your phone all year long. Every aura frame comes packaged in a gorgeous premium gift box with no price tag on it. That's critical. And the person who receives it will know that you were thinking of them and thinking of them in the best possible way at the most wonderful time of the year. For a limited time, you can visit auraframes.com and get $45 off Aura's best selling Carver matte frames. They were named number one by Wirecutter, and you can get this great deal by using the promo code strict at checkout. That's auraframes.com, promo code strict, and this exclusive Black Friday Cyber Monday deal is the very best deal of the year, so order now before it ends. And support strict scrutiny by mentioning us by name at checkout. Terms and conditions may apply. Mister chief justice, may it please court? It's an old joke, but when I argue man argues against two beautiful ladies like this, they're going to have the last word. She spoke not elegantly, but with unmistakable clarity. She said, I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks. Hello, and welcome back to Strict Scrutiny, your podcast about the Supreme Court and the legal culture that surrounds it. We're your host today. I'm Leah Litman. And I'm Kate Shaw. And we're without Melissa today, but don't worry. She'll be back next week. And listeners, we are still recovering from Crooked Con in DC last week. We got to meet a ton of you. We got to catch up with old friends from various corners of the worlds of law and politics and organizing. We got to take in the magnification of DC with our own eyes. That last part, pretty …
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