Yesterday was a two-podcast day for me. The first was a discussion at FIRE on prospects for free speech at the Supreme Court after Anthony Kennedy’s retirement and the nomination of Brett Kavanaugh. Other panelists were First Amendment experts Robert Corn-Revere and Paul Sherman and the moderator was FIRE’s Nico Perrino.
At the Cato Daily Podcast, Caleb Brown interviewed me about what we know from nominee Brett Kavanaugh’s career as a judge, which has been spent on the influential but atypical D.C. Circuit Court of Appeals. That means we know a lot about his views on some subjects (regulatory and administrative law, separation of powers, national security law) but much less about his approach toward issues that loom larger as a share of the docket in other circuits, such as disputes involving schools, land use, police abuse and prisoner cases, torts, and so forth.
Not very closely related: you’ve probably heard the theory that Trump made the choice he did because Kavanaugh doesn’t think Presidents should be investigated or charged with criminal offenses. Here’s Ben Wittes, who’s anything but a Trump fan, on the problems with that theory. [Lawfare]
More: And now a video of the FIRE panel: