Some constitutional questions worth asking Kavanaugh

Dissenting in Lochner, Oliver Wendell Holmes said the Constitution “does not enact Mr. Herbert Spencer’s Social Statics,” a book advocating laissez faire economic policies. However, because laissez faire is what freedom looks like in economic life, is there some sense in which the Constitution, the purpose of which is to enable a free society, does foster it?

In 1958, the Court invalidated, as an infringement of freedom of association, an Alabama law targeting the NAACP by requiring disclosure of organizations’ membership lists. The Court said anonymity was necessary to shield NAACP supporters from dangers. Given today’s instances of individuals injured because of their political affiliations, are mandatory disclosure laws problematic?

Are there constitutional limits on the admissions policies that public colleges and universities can use to ensure “diverse” student bodies?