
Judging Brett Kavanaugh and the Supreme Court with John Yoo
09/05/18 • 54 min
Recorded on August 28th, 2018.
Is Brett Kavanaugh ready for the Supreme Court? John Yoo, Yale Law alumnus and Hoover Institution visiting fellow, breaks down Kavanaugh’s law career in the U.S. Court of Appeals. Yoo argues that the United States has concentrated too much power in the Supreme Court since the New Deal era legislation and that the Supreme Court is now more powerful than Congress and the President. Based off of Kavanaugh’s past career, Yoo predicts that Kavanaugh will help reign in the power of the Supreme Court and give it back to the states.
Yoo argues that based off of the Constitution, power to decide social issues should reside with states rather than the court. According to Yoo, prior to the New Deal era, the Supreme Court focused on regulatory issues rather than social issues. He argues that momentous social legal decisions like Roe v. Wade and Obergefell v. Hodges are meant to be left to the individual states to decide.
Yoo analyzes the records of the current conservative justices and predicts that Kavanaugh will side more often with Justice Thomas and Justice Gorsuch, interpreting the Constitution as it was written by the founders, rather than by the changing will of the people.
About The Guest:
John Yoo is a visiting fellow at the Hoover Institution, a visiting scholar at the American Enterprise Institute, and a professor of law at the University of California Berkeley school of Law.
Additional Resources:
- Hoover Scholars Analyze Supreme Court Nominee Brett Kavanaugh
- Brett Kavanaugh's Supreme Influence
- Adam White: After Trump Taps Textualist Brett Kavanaugh For Supreme Court, The Confirmation Fight Ahead And Potential Impact On Midterm Elections
- Adam White Discusses The Background Of Brett Kavanaugh
- Brett Kavanaugh's Possible Impact On The Supreme Court
- Area 45: The Supreme Court and Judge Brett Kavanaugh
- The Libertarian: Judging Brett Kavanaugh
Recorded on August 28th, 2018.
Is Brett Kavanaugh ready for the Supreme Court? John Yoo, Yale Law alumnus and Hoover Institution visiting fellow, breaks down Kavanaugh’s law career in the U.S. Court of Appeals. Yoo argues that the United States has concentrated too much power in the Supreme Court since the New Deal era legislation and that the Supreme Court is now more powerful than Congress and the President. Based off of Kavanaugh’s past career, Yoo predicts that Kavanaugh will help reign in the power of the Supreme Court and give it back to the states.
Yoo argues that based off of the Constitution, power to decide social issues should reside with states rather than the court. According to Yoo, prior to the New Deal era, the Supreme Court focused on regulatory issues rather than social issues. He argues that momentous social legal decisions like Roe v. Wade and Obergefell v. Hodges are meant to be left to the individual states to decide.
Yoo analyzes the records of the current conservative justices and predicts that Kavanaugh will side more often with Justice Thomas and Justice Gorsuch, interpreting the Constitution as it was written by the founders, rather than by the changing will of the people.
About The Guest:
John Yoo is a visiting fellow at the Hoover Institution, a visiting scholar at the American Enterprise Institute, and a professor of law at the University of California Berkeley school of Law.
Additional Resources:
- Hoover Scholars Analyze Supreme Court Nominee Brett Kavanaugh
- Brett Kavanaugh's Supreme Influence
- Adam White: After Trump Taps Textualist Brett Kavanaugh For Supreme Court, The Confirmation Fight Ahead And Potential Impact On Midterm Elections
- Adam White Discusses The Background Of Brett Kavanaugh
- Brett Kavanaugh's Possible Impact On The Supreme Court
- Area 45: The Supreme Court and Judge Brett Kavanaugh
- The Libertarian: Judging Brett Kavanaugh
Previous Episode

Russia, China, and the Future of Democracy
Recorded on June 22, 2018
In a special edition of Uncommon Knowledge at the Copenhagen Democracy Summit, Peter Robinson interviews former presidents and prime ministers on one subject: democracy. Following a unique format, Robinson asks each of the guests the same questions to get their distinctive perspectives on issues such as the rise of authoritarianism in Russia, communist China, and the prospects for democracy.
The guests include the former deputy prime minister of the United Kingdom, Nick Clegg; former president of Mexico, Felipe Calderón; former president of Estonia and current Hoover visiting fellow, Toomas Henrik Ilves; and former prime minister of Denmark, Anders Fogh Rasmussen.
The guests analyze economic growth in China and how that growth did not lead to the democratic country predicted by economic experts in 90s. They dive into why China does not truly have a free market, nor does it follow traditional Leninist/Marxist communism’s disdain for material goods. The guests go on to analyze changes in Russia in the last thirty years under President Putin and how foreign policy with Russia has affected their respective countries. They discuss the future of Russian and Chinese relations and how they believe those two countries are trying to shape the world.
About the Guests:
Nick Clegg was the deputy prime minister of the United Kingdom from 2010 to 2015.
Felipe Calderón was the president of Mexico from 2006 to 2012.
Toomas Henrik Ilves was the president of Estonia from 2006 to 2016. He is currently a Hoover visiting fellow.
Anders Fogh Rasmussen was the Prime Minister of Denmark from 2001 to 2009. He was the Secretary General of NATO from 2009 to 2014.
Additional Resources:
- Uncommon Knowledge in Copenhagen: Revitalizing Democracies Around the World https://www.hoover.org/research/uncommon-knowledge-copenhagen-revitalizing-democracies-around-world
- The Copenhagen Democracy Summit http://www.allianceofdemocracies.org/initiatives/the-copenhagen-democracy-summit/the-summit/
- America’s Will to Lead With Anders Fogh Rasmussen https://www.hoover.org/research/americas-will-lead
Next Episode

George Gilder: Forget Cloud Computing, Blockchain is the Future
Recorded on August 28, 2018
Is blockchain the technology of the future? George Gilder, author of Life After Google, argues that bitcoin and blockchain technology is revolutionizing the Internet. He sits down with Peter Robinson to discuss technology, cloud computing, big data, and the growing role of blockchain in innovating new technologies.
Gilder argues that cloud computing, while it was the hot new technology ten years ago, has reached its limits as the physical limitations of big data storage centers maxes out. Improvements in parsing big data are incremental at this point, and it’s time for the next big technology to take its place. Gilder points to blockchain as the technology of the future, with its ability to prevent corruption and manipulation of transaction data and the infinite uses it could have in third world countries.
Gilder also discusses the history of technology, artificial intelligence, and the revolutionary bitcoin. He argues that artificial intelligence can never replace human intelligence and creativity and that in principle, it is impossible for machines to take over.
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