Today in Supreme Court History: February 19, 1942

2/19/1942: President Roosevelt issues Executive Order 9066. The Supreme Court would consider the constitutionality of this Executive Order in Korematsu v. U.S. (1944).

 

Comments

[BravoCharlieDelta]

I gotta feeling there’s going to be another Korematsu style EO coming from Herr Biden soon. They’ll do it under a “climate emergency” or “public health emergency” or “racial equity emergency” which will line up the bootlickers in supporting the effort to violate people’s rights. After all, they believe you don’t have any rights if we have to save the planet, or save public health, or save the joggers or save our Sacred Democracy™ (which is Democrat code for saving the power structures of the elites).

White male Christians will be in the camps this time, though. ????

[Krayt]

You were warned when Trump opened that can of worms to build a wall.

Of course the Democrats were warned pulling out all the stops and using the government's power of investigation, in spite of both letter and spirit of the Constitution, to get the political opposition could come about as well.

To both sides, to quote Jim Geddes from Citizen Kane, “You’re gonna need more than one lesson. And you’re gonna get more than one lesson.”

[Krychek_2]

And how disappointed will you be when that doesn't happen? Your post sounds like a martyrdom fantasy to me.

[BravoCharlieDelta]

Did you hear about Biden's latest EO about a "whole of government" equity transformation?

What the Democrats did to the white people in East Palestine is going to happen to every white person across the country over the entire spectrum of Federal government.

[Sarcastr0]

Each agency head shall support ongoing implementation of a comprehensive equity strategy that uses the agency’s policy, budgetary, programmatic, service-delivery, procurement, data-collection processes, grantmaking, public engagement, research and evaluation, and regulatory functions to enable the agency’s mission and service delivery to yield equitable outcomes for all Americans, including underserved communities.

Not quite white people in camps.
And "Underserved communities" includes plenty of white people.

Krychieck_2 is right - this is wishcasting. You *want* to live in fear and oppression. Sorry to disappoint.

[bevis the lumberjack]

White people in camps or not, you and the DEI/woke/CRT/anti-racist groups you support are just another bunch of bigots preaching hatred and division. It’s all dressed up in high language and pseudo-sophistication, but it’s the same hateful bullshit, only the targets are different.

And it’s not just a white thing, as y’all are after the Asians and the Jews as well.

The only difference between you and yours and, say, J.B. Stoner is the type of strangers that you hate are different.

[Nige]

It's the same except it's different except it's the same. Sure, it's not about white people in camps but in helping poor people of all colours, but that's exactly the same thing as putting white people in camps. The only difference between saying all black people are inferior and teaching in schools that in the US white people owned black slaves is that one is false and the other is true, but other than that, they're identical.

[BravoCharlieDelta]

DEi isn't about helping poor white people or Asians, dude cone on.

[Nige]

According to you it's about putting white people in camps.

[Sarcastr0]

Once again, what you think DEI does and what most of it actually is are very different.

Our DEI folks preach anti white Asian and Jew hate 10 hours a week, tops.

[bevis the lumberjack]

Actually I’ll correct one thing I said. Stoner isn’t the best comparison.

Much more apt is Mao’s cultural revolution, with DEI at the tip of the spear.

And look at how well that spell of illiberalism turned out. Lots of Equity because life sucked for everyone!!! And look at the freedom it created!!!!!

[Nige]

Apart from the mass murder, exactly like Maoism.

[Sarcastr0]

You have this DEI in your head that seems really bad.

Not happening in real life tho.

[BravoCharlieDelta]

Since the Democrats in government fail at every turn, and have failed for over a generation, trying lift people up to have equity, what do you think the are going to need to do to make their equity quotas?

E,g. Since they clearly fail at getting blacks educated, what must they do to Whites and Asians to have equitable outcomes to blacks?

[Nige]

Educational attainments tend to be higher in blue states overall. Provided you with a link about that.

[BravoCharlieDelta]

Blue states have equitable educational outcomes for blacks?

[Nige]

Are you worried about black Americans facing institutional racism? Careful, that's woke.

[BravoCharlieDelta]

Why would there be institutional racism against blacks in Blue States?

[Nige]

The clue's in the 'institutional' part.

[Rev. Arthur L. Kirkland]

What the Democrats did to the white people in East Palestine is going to happen to every white person across the country over the entire spectrum of Federal government.

How does it feel to be smart enough to recognize what is occurring but powerless to stop us?

Speaking on behalf of the liberal culture war winners, I am very surprised that you (and Mr. Bellmore, of course) have figured this out -- I blame Profs. Volokh and Blackman, in particular, for leading you toward this level of enlightenment* -- but thankful that there is nothing you, Bellmore, Blackman, or Volokh can do to prevent what you have so accurately foreseen.

(* Now, I hope, people can understand what I find so bothersome about this blog -- the way it guides readers such as BravoCharlieDelta and Brett Bellmore to piercing insight and understanding.)

[Frank Drackman]

Jerry Sandusky is Liberal??
and I know you're supposedly a "Lawyer" (I get the whole "Reverend" thangs a goof) who's ashamed of his Law School, so your knowledge of Meteorology is probably on the level of Senescent J's understanding of umm, anything.
But there is this thing called "The Atmosphere" and in this "Atmosphere" is a thing called the "Gulf Stream" which is gonna blow all of the Carcinogens from East Palestine up towards all of you "Winners" in the Great North East,
Enjoy your Lung Cancer, Glioma's and Blood Cancers, "Winners"

Frank

[Dr. Ed 2]

There are a lot of problems with what happened in East Palestine, starting with the fact that the overheating bearing (which caused the axle to break) *did* trip a hot box detector — which may be why they knew it was a broken axle so quickly (as *I* would wait for the fires to be out and HazMat dealt with before climbing under the wreckage looking for clues)…

I will speculate on what no one else has yet — what is Norfolk Southern’s Affirmative Retribution policy, and I will ask that on two levels. The most basic is was an unqualified minority or female responsible for this accident, either in doing something stupid upon learning of the hot box (overheating bearing) *or* in not having/repairing an earlier hot box detector that would/should have caught this earlier and avoided the accident. (Hot box detectors is one of the reasons that cabooses are no longer needed — the guy in the caboose used to watch for smoking wheels.)

At some point, lawyers (yes, them) will go find the FRA’s Hot Box Detector specs and answer the latter question, and pull the data recorder out of the locomotive and answer the former. And I’m sure that the FRA has “best practices” to respond to a report of a hot box.

I’m speculating here, but hitting the emergency brake is probably *not* what you are supposed to do because of the extreme stress it puts on a presume weakened axle — although it would be a very human response.

And that gets into the second aspect of Affirmative Retribution and DIE — is N/S spending so much time on social justice garbage that they aren’t teaching railroading anymore? That was raised with the US Navy a few years back after the *second* ship ran into something — the USN was teaching social justice at the expense of teaching ship handling.

And then there is the FRA and Butt Plug himself -- are *they* sacrificing railroad safety (and attention paid to it) to favor DIE and the rest? Gotta wonder...

The head of the Federal EPA is boots on ground there, Ohio has its own EPA (or lets people wear jackets saying that) — ButtPlug may be responsible for expediting the track being re-opened so quickly at the expense of the community (see: http://norfolksouthern.com/content/nscorp/en/service-alerts/derailment-in-east-palestine–oh.html) but then if N/S is *still* dealing with logistical delays a week after both tracks were reopened, imagine what would be happening if they weren’t.

This is where you need to have Federal officials whose competence you can trust -- not just selected because of which boxes they check.

[Nige]

'The most basic is was an unqualified minority or female responsible for this accident,'

This will be a True Fact in certain circles before very long. Pete 'Homophobic Nickname' Buttigieg being responsible and in charge of everything that has happened, is happening or will happen in Ohio already seems baked in.

[Dr. Ed 2]

The other aspect of Affirmative Retribution, Nige, is that should there be a minority or female or gay involved, the presumption will be that said person was unqualified.

Case in point the idiot who rolled the Amtrak train by going way too fast around a curve near Philadelphia — would he have been hired as an engineer if he wasn’t gay? Who knows — and that’s the problem…

In fact, I'm reminded of an airplane crash were the female pilot did a damn good job keeping the aircraft in the air as long as she did. The problem was that she weighed something like 100 lbs and her passengers were all men (going on a fishing trip), each of whom weighed 2-3 times that, and they all sat in the back of the plane.

The plane wound up being more than slightly unbalanced and quickly wound up being nearly straight up & down and only the Ospry (or a helicopter) has the horsepower and prop bite to fly like that. She clearly was a good pilot to keep the plane from initially crashing into an occupied building which would have killed many more people.

It’s why Affirmative Retribution truly helps no one….

[BravoCharlieDelta]

We won't fly commercial anymore, I'm not risking my life for some faggy diversity quota.

[Nige]

Obviously you're making this up, and I wonder how many examples of costly straight white male fuckups you have to skip over to get to a supposed fuck up by a supposed gay man.

[Dr. Ed 2]

OK -- the last accident on the NEC corridor that killed passengers involved a stoned Conrail crew -- in the '80s and Conrail doesn't even exist anymore...

[Nige]

And you know nothing about the engineer on this train, but you are speculatively making stuff up about them.

[Sarcastr0]

Yes, you have been forced to speculate and ask dumb questions before the facts are in. This is not your fault, it is the fault of Democrats for not earning your trust. The shitty nickname is also their fault.

[Dr. Ed 2]

How is that different from the speculation that the Amtrak Crash in Montana was caused by heat kink in the rails?

And I feel comfortable noting that the accident happened almost immediately after a hot box reporter was tripped (which raises the question of what the crew's response was) *and* asking why there wasn't an earlier detector for them to trip -- as the principle is to enable the crew to stop the train BEFORE the bearing seizes, axle breaks, and train's wrecked.

And as to the Secretary of Transportation -- if your name is unspellable and unpronounceable, it's usually best to give yourself a nickname before others come up with ones you don't like.

[Nige]

The speculation and the nickname and the spineless equivocation about both are entirely reflective of your character, nothing else.

[Sarcastr0]

Your post was not idle speculation, it was ginning up political blame.

Which is, of course, the Dems fault for making you comfortable playing that game.

[Frank Drackman]

You said "Hot Box"
I don't think you know the more common Usage of the term.
I've known a few Railroad Peoples (We Gas passers see everyone) was disappointed to hear they don't wear Bib Overalls and those Old-Timey Engineer Hats, would you trust a 767 Captain wearing Dockers and Loafers?? And the Engineers are the best trained ("Trained" get it?) The rest don't really Entrain ("En-Train" get it?) confidence, not saying they can't tie their own shoes, but they have trouble.

Frank "Heck of a Job Petey"

[Dr. Ed 2]

We educators also tend to see everyone, as everyone has children whom they love — and who often aren’t doing so well. And giving a parent a chance to talk about (usually his) job will put him enough at ease so that you can then talk about his child.

And I'm too professional to use the vulgar reference, not because it is vulgar but because it is irrelevant. Although it, too, is an orifice with something round moving inside it as well. And proper lubrication helps there as well, so maybe the reference isn't quite that irrelevant.... 🙂

PS: The Bib Overalls were because they had to lubricate the steam engines with considerable frequency, often while the train was moving, and the hats were to protect the head from the hot cinders -- you know, red-hot flecks of still-burning coal....

A 767 Captain wearing Dockers wouldn't bother me -- a Piper Cub pilot wearing them *would* bother me...

[Krychek_2]

I was raised by John Birchers. I was hearing about concentration camps for white Christians back in the 1960s. Only later did I realize it's the adult equivalent of kids scaring themselves with ghost stories around the campfire at summer camp. Only real difference is I'm not sure the kids actually believe the ghost stories.

[Stephen Lathrop]

Notably, to follow Blackman's link to his own commentary elsewhere is to get a distorted glimpse of Korematsu, a distortion which reverses the import of the decision. It remains important to present what happened accurately. Korematsu endorsed Japanese detention. Repudiation would not happen until decades later.

[Dr. Ed 2]

The interesting question is raised by a comment to EG's pleading -- *if* non-citizens do not have a duty of loyalty to the US in time of war, even if they are physically present here, would they conversely have a duty of loyalty to Japan?

Was the internment justified on the grounds that the Japanese citizens were potential enemy combatants?

Remember that there had been coastal attacks by Japanese subs and while their marksmanship was *so* bad they really didn't do much damage, it wasn't that they weren't firing live 5" rounds that could have...

[David Nieporent]

Why the fuck are you talking about Japanese citizens? If internment had been about Japanese citizens, nobody would have blinked an eye about it. The large majority of those who were interned were American citizens.

(Notably, while some German and Italian citizens were interned, only a tiny number of American citizens of German or Italian descent were ever treated the way Japanese-Americans were.)

[Frank Drackman]

If I was Japanese in 1942, I'd rather be protected in a Camp than living in South Central Los Angeles. Heck, Asians today would probably be better off living protected in a Camp than in South Central Los Angeles (or any "Diverse" Neighborhood)

Frank

[The Margrave of Azilia]

"Korematsu *endorsed* Japanese detention."

The court tried to split hairs and endorse the forcible relocation without expressing an opinion on the detention. The dissent said that distinction was BS, and of course they were right.

"Repudiation would not happen until decades later."

Congress did the repudiating, just as it had with the Sedition Act previously.

[Dan Schiavetta]

Ogden v. Saunders, 25 U.S. 213 (decided February 19, 1827): states may legislate to any extent not prohibited by the Constitution and not exclusively the domain of Congress, specifically, Congress’s power to “establish uniform laws on bankruptcies throughout the United States” doesn’t prevent states from creating their own bankruptcy statutes so long as they don’t conflict with federal law and don’t affect contracts in effect before statutes went into effect (a long, long decision, with lots of opinions; this is about all one can say as to the “majority” written by Johnson)

Owasso Indepedent School District v. Falvo, 534 U.S. 426 (decided February 19, 2002): Family Educational Rights and Privacy Act of 1974, which requires confidentiality of grades recorded by school, not violated by “peer grading” (students grading each other’s assignments per teacher instructions and calling the grades out); suit was brought by parent who felt her child was embarrassed by this practice

Lynce v. Mathis, 519 U.S. 433 (decided February 19, 1997): state statute retroactively canceling early release program (so that released prisoners were reincarcerated) violated Ex Post Facto clause (art. I, §10)

Beverly v. Brooke, 15 U.S. 100 (decided February 19, 1817): owner of slaves who escaped during voyage could not recover value of slaves from master of vessel; opinion by Marshall recounts master’s attempts to land at various blockaded European ports during Napoleon’s “Continental System” attempt to strangle British and American shipping (which was unsuccessful)

Maryland v. Wilson, 519 U.S. 408 (decided February 19, 1997): police at traffic stop may order passengers out of car “after noticing apparent nervousness”; cocaine falling to ground during exit was admissible

Regents of the University of California v. Doe, 519 U.S. 425 (decided February 19, 1997): state university enjoyed Eleventh Amendment immunity from suit in federal court even though per prior agreement with federal government it would be indemnified for any judgment against it (this was a breach of contract suit by employee of federally owned laboratory operated by university)

United States v. Bhagat Singh Thind, 261 U.S. 204 (decided February 19, 1923): Sikh not allowed to become naturalized citizen because not “white” or “black” (the acceptable categories under the then current law)

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Wikipedia's description of United States v. Bhagat Singh Thind is fascinating. He argued that he was Aryan, thus white, because of his Indo-European language roots, and that his revulsion at the idea of marrying a low-caste woman of the Mongoloid race was comparable to white's revulsion at marrying blacks, and showed he would honor miscegenation laws.

Prof Bernstein's Classified primed me to look this up. This case is mentioned briefly. What a twisted history!

[Dan Schiavetta]

Wow. Thanks.

Also how differently the word “Aryan” strikes the modern ear.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

I sometimes wonder if Aryan and the Buddhist swastika will ever have their pre-Nazi meanings restored in polite company. Or if kids will ever be named Adolf again. I googled briefly for baby name popularity but didn't find any site which lets you look up specific names and their popularity trends. It would be especially interesting in European countries.

[Frank Drackman]

This guy seemed to do pretty well with the name "Adolf"
https://www.bbc.com/news/world-africa-55173605

[Syd Henderson]

I note that Benito seems to still be a popular name, although that may be mostly in the Hispanic community.

[The Margrave of Azilia]

Benito Juarez, the embattled liberal President of Mexico, was popular with many people before Mussolini was heard of, and I suppose he may remain popular today.

https://en.wikipedia.org/wiki/Benito_Ju%C3%A1rez

[bernard11]

police at traffic stop may order passengers out of car “after noticing apparent nervousness”; cocaine falling to ground during exit was admissible

Because nothing says "I'm a drug dealer" like being nervous when stopped by the cops.

[Dan Schiavetta]

Oddly this was not an issue. All that’s discussed is the Fourth Amendment issue as to whether passengers can be ordered out, and the officer’s concern for his own safety.

[Dr. Ed 2]

Because there is nothing like an armed man screaming at you for no apparent reason(s) to instill calm and help you to relax....

[The Margrave of Azilia]

I guess the judge and jury accepted the police version of events, though it’s remarkable how many times suspects accidentally drop their drugs in front of the cops. Oops!

I wonder how often it happens now that cops have body cams.

[BravoCharlieDelta]

What about K-12 outcomes?