Season 3, Episode 42 (Show 146): Allen and Affirmative Action Again

October 11, 2023

Voting rights in Alabama, and affirmative action elsewhere, seemingly settled, rear their heads again.  Two issues, but Professor Amar finds the common constitutional concept. NOTE: Lawyers and Judges – Visit podcast.njsba.com for CLE credit after listening.

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.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

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