Supreme Court, racial classifications, Order 9066
We are elated to present Professor Mark Killenbeck’s thought provoking article, Sober Second Thought? Korematsu Reconsidered. Killenbeck dives into the Korematsu opinion and its history with great care to determine whether it truly “has no place in law under the Constitution” as Chief Justice John Roberts declared in Trump v. Hawaii.1 While Korematsu’s result provides an understandable “impulse to condemn” it, Killenbeck shows us that focusing solely on the case’s result “stands apart from and in stark contrast to its most important place in the constitutional order: articulation of precepts and terminology that provide the foundations for strict scrutiny.”
Nick Bell, Emily Levy & Julian Sharp,
Symposium: Giving Korematsu v. United States A Sober Second Thought,
74 Ark. L. Rev.
Available at: https://scholarworks.uark.edu/alr/vol74/iss2/1