Today in Supreme Court History: December 18, 1944

12/18/1944: Korematsu v. U.S. decided.

Comments

[Brett Bellmore]

Another day which will live in infamy.

[Bob from Ohio]

Easy to say nearly 80 years later. The fear after Pearl Harbor was very strong.

[Brett Bellmore]

Feh. I thought we were talking law here. What constitutional basis is there for putting legal residents and even citizens in concentration camps? None. It was an utterly lawless act, and the Supreme court rolled over and played dead.

Would you have said the same if we'd marched Muslims into concentration camps after 9-11? More people died in that attack.

[Bob from Ohio]

"I thought we were talking law here. "

No, its the Supreme Court, you know they make policy decisions and public opinion influences them.

[apedad]

I can't see how this decision would hold today.

The US can barely hold individuals in Guantanamo due to habeas corpus (Boumediene v. Bush) - never mind an entire race or nationality.

[Michael Ejercito]

Was it not already overruled?

[apedad]

Hmmmm...not sure: https://en.wikipedia.org/wiki/Trump_v._Hawaii

[Bob from Ohio]

"I can’t see how this decision would hold today."

If we were facing a similar threat level, probably. We just flatter ourselves that we are above it.

The Court the War on Terror cases waited until the immediate threat [much much smaller] was gone and it was largely just an assertion of judicial authority. I don't think anyone in Gitmo has actually gotten release by habeus.

[apedad]

"If we were facing a similar threat level, probably."

Doubtful.

There are enough SJWs out there and plenty of internets to fight this if it ever came up again.

And as I always say, we've moved in quite a progressive direction in the past 80 years (and of course will continue in this direction [with the occasional set backs]).

Look at the fuss about the border detentions - and those have some blush of legality about them.

[Bob from Ohio]

Hopefully we will never know. History however would tend to be on my side but maybe you are right.

Would FDR and the military have obeyed an opposite result in Korematsu? Don't think that didn't weigh on the Supreme Court's decision.

[Brett Bellmore]

No, probably not. FDR is as close to a dictator as the US has had since Lincoln. Scared people so much they amended the Constitution to prevent anybody being President for that long ever again.

[Dilan Esper]

Inter arma enim silent legis.

[Michael Ejercito]

Was this ruling made before or after Roosevelt threatened to pack the courts?

[Brett Bellmore]

Well after.

[Dan Schiavetta]

Detention camps for immigrants? It’s happening now.

[Ridgeway]

Word for word, this might be the dumbest comment I have ever read on the VC, and there has been stiff competition.