After the Court decided important voting rights and affirmative action cases last term, these issues are back either before the Court or apparently headed for it. Why? We look at Allen v. Milligan, and affirmative action in the service academies, and find that the bounce-back of what seem to be entirely unrelated cases in fact demonstrates important constitutional and indeed originalist principles. And who is at the center of all this? Justice Kavanaugh, once again. (CLE CREDIT IS AVAILABLE for lawyers and judges for this episode.)
