Supreme Court, racial classifications, Executive Order 9066, Proclamation 9645, Justice Sotomayer
How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer’s caution about decisions that have “harm[ed] not just the Court, but the Nation.” Part of an “Anticanon,” resting on “little more than naked racism and associated hokum” and “embod[ying] a set of propositions that all legitimate constitutional decisions must be prepared to refute”? Perhaps. Or is it simply an opinion and result that “has long stood out as a stain that is almost universally recognized as a shameful mistake”?
Mark R. Killenbeck,
Sober Second Thought? Korematsu Reconsidered,
74 Ark. L. Rev.
Available at: https://scholarworks.uark.edu/alr/vol74/iss2/2