A Mighty Pen, Part II (Another Discussion of the Kavanaugh Nomination)

Episode 26 · September 2nd, 2018 · 56 mins

About this Episode

Judge Brett Kavanaugh currently sits on the U.S. Court of Appeals for the D.C. Circuit, but he's better known now as the more recent Supreme Court nominee by President Donald Trump, nominated to replace retired Associate Justice Anthony Kennedy. This is the second of two episodes focused on Kavanaugh's record and thinking, and the impact his addition would likely have on the Court.

I spoke with Jonathan Adler and Brianne Gorod. Adler is the Johan Verheij Memorial Professor of Law at the Case Western Reserve University School of Law, as well as the Director of its Center for Business Law and Regulation. He has clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the DC Circuit. Gorod is Chief Counsel at the Constitutional Accountability Center, and has clerked for Supreme Court Justice Stephen Breyer.

Jonathan Adler's profile at Case Western
Brianne Gorod's profile at the Constitutional Accountability Center
Agri Processor Co Inc v. National Labor Relations Board
On Garza v. Hargan
Planned Parenthood v. Casey
"The stare decisis Court" (Adler, on the Roberts Court and precedent)
U.S. v. Burwell (related to mens rea, or criminal intent)
U.S. v. Queen Nwoye (related to battered woman syndrome)
Janus v. AFSCME
V.L. v. E.L.
Pavan v. Smith
"Supreme Court clerks are not a particularly diverse lot" (Adler, in the Washington Post, for the Volokh Conspiracy)
"The Supreme Court is terrible at hiring diverse law clerks, but Neil Gorsuch is surprisingly good at it" (Mark Joseph Stern, at Slate)

Cover art credit: Office of Senator Chuck Grassley (Wikimedia Commons)