The Agonies of Brett Kavanaugh

November 17, 2025

76 min episode · 2 min read

Episode

76 min

Read time

2 min

AI-Generated Summary

Published Jan 2, 2026

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.

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