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bigtree

(85,986 posts)
Tue Jun 26, 2018, 01:57 PM Jun 2018

The Supreme Court upheld Japanese internment too.

Last edited Tue Jun 26, 2018, 05:09 PM - Edit history (5)

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Adam Klasfeld @KlasfeldReports 3h3 hours ago
The Supreme Court upheld Japanese internment too.

...peversely, today's Supreme Court repudiated that 1944 ruling, even as it ignored the clear racial motive in the history of Trump's travel ban and allowed it to stand.

from NYDN:


The Supreme Court quietly overturned its 1944 ruling backing the internment of Japanese-Americans during World War II on Tuesday as it upheld President Trump's travel ban.



While formally repudiating Korematsu v. United States, Chief Justice John Roberts also said it was “wholly inapt” to compare Trump’s travel ban to the court’s earlier decision.

Roberts wrote that the “forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of presidential authority.”

He added that “Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and — to be clear — has no place in law under the Constitution.”


Nancy Leong @nancyleong 4h4 hours ago
This is an incredibly disingenuous statement by Roberts. It is bizarre to say that "Korematsu has nothing to do with this case," when Trump literally invoked Japanese internment on TV in 2015 to justify the legality of a Muslim ban.


twitter.com/danepps/status/1011615388646477824


...so Trump was able to get around the '44 language by claiming 'national security' grounds for the ban (skirting around Robert's 'sole, explicit basis' test). He had repeatedly characterized his travel ban as president and candidate as a restriction on Muslims' travel to the U.S.. Indeed, the first two versions he presented to the courts were rejected by justices on those (religious discrimination) grounds.

There was a similar (mild rebuke) in today's ruling by the fraudulently conservative court, neglecting to restrict the president, but, cautioning him, nonetheless, that their decision ostensively did not address the merits or the value of his travel ban. I guess we'll have to wait a while before an untainted court comes back and overturns this with a ruling in keeping with this nation's true values.


Dan Epps @danepps 5h5 hours ago
Justice Sotomayor says the majority's decision in Trump v. Hawaii is like Korematsu, the Japanese internment decision. Strong words.


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