Today in Supreme Court History: July 19, 1949

7/19/1949: Justice Frank Murphy dies.

Justice Frank Murphy

Comments

[Rubbish!]

"Racial discrimination in any form in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States."

Murphy's dissent in Korematsu.

[Dan Schiavetta]

Richard Posner is on record saying he would have voted with the majority. Unfortunately I think a large percentage of Americans would say that even today.

[Cal Cetín]

If Posner has a statue, it should be torn down, along with the statues of anyone else who approved this awful policy. I don't care how many conservative sacred cows are gored!

/sarc

[Dilan Esper]

The Korematsu decision was outrageous, but despite what anyone may say, SCOTUS is always going to issue that decision in that situation, because the alternative was Roosevelt was just going to ignore the Court if it ruled the other way.

[Libertymike]

In other words, approve of internment instead of invalidating it.

[Dan Schiavetta]

Posner doesn't just defend the decision . . . he defends the actual policy.

The transcript is at
https://www.wnycstudios.org/podcasts/radiolab/articles/radiolab-presents-more-perfect-american-pendulum-i