Today in Supreme Court History: December 18, 1944

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

Comments

[Cal Cetín]

Part of the dark underbelly of war.

[Dilan Esper]

It really is, although it doesn't excuse it.

There's an idealist and a realist take here.

The idealist take is that Japanese internment was one of the clearest and most outrageous violations of constitutional rights in American history. The realist take is that no matter how awful the government's actions, the courts always find some way to uphold them in wartime.

[Michael D]

I thought you were going to say something else as the realist position. You cannot be more correct in your assessment, IMO.

[Cal Cetín]

The WWII court was good at protecting people from oppression by the states, but as far as federal power was concerned, they helped cement it.

[Rev. Arthur L. Kirkland]

I see it as a signpost along the path of American improvement.

Many -- even most -- Americans are better today, and that trajectory of American progress seems destined to continue, the efforts and wishes of conservatives notwithstanding.

[The Encogitationer]

So you think the internment of Japanese-Americans in WWII was progress? What is your major malfunction, Artie?

I knew you looked down on "the Clingers," but you also look down on Japanese-Americans too?

[Overt]

Think we could get Prof Somin in here to tell us how internment camps, while regrettable, were a "small infringement on freedom" and preferable to harm reduction strategies like door to door searches, and lockdowns on the coast?

After all, as a Japanese descendent, all you had to do was sell your family farm to corporatist shills in california's land industry, and move inland during a time when no one would dare sell to a Jap. Let's go, Somin!

[Alpheus W Drinkwater]

Why don't you go start your own legal blog and tell Prof. Somin he can't contribute? That'll show him!