Meanwhile Korematsu is still on the books for Some Fucking Reason
October 2, 2026 at 4:46 PM
Meanwhile Korematsu is still on the books for Some Fucking Reason
Korematsu was wrong because it didn't go far enough!
October 2, 2026 at 12:42 PM
Korematsu was wrong because it didn't go far enough!
Roberts wants to demote Korematsu to *second*-worst immigration ruling.
Barbosa de Cunha immediately goes to the front of the line as the most important case #SCOTUS will decide this term.
Trump's entire immigration arrest and detention policy regime *depends* upon its novel reading of the statutes, one that's been rejected by an overwhelming majority of lower courts.
Trump's entire immigration arrest and detention policy regime *depends* upon its novel reading of the statutes, one that's been rejected by an overwhelming majority of lower courts.
NEWS: Supreme Court takes up 3 new appeals, including mandatory ICE detention in Rhoney v. Barbosa @courthousenews.bsky.social
October 1, 2026 at 9:30 PM
Roberts wants to demote Korematsu to *second*-worst immigration ruling.
I expect Korematsu to be brought up. It's bad precedent the conservatives will lean on...national security and all that.
October 1, 2026 at 7:38 PM
I expect Korematsu to be brought up. It's bad precedent the conservatives will lean on...national security and all that.
This is the same court that “overruled” Korematsu in a decision upholding a case using the exact same reasoning. Not looking good.
BREAKING: The Supreme Court has agreed to rule on the legality of ICE's mandatory detention policy, weighing in on an issue that has been ovewhelmingly rejected by district and appeals courts but has nevertheless roiled the justice system nationwide.
www.politico.com/news/2026/10...
www.politico.com/news/2026/10...
Supreme Court will rule on Trump’s ICE detention policy
Lower courts have overwhelmingly rejected ICE’s novel view of its detention authority.
www.politico.com
October 1, 2026 at 4:11 PM
This is the same court that “overruled” Korematsu in a decision upholding a case using the exact same reasoning. Not looking good.
Roberts meant it was wrongly decided because they should have found Korematsu lacked standing and never reached the merits
September 30, 2026 at 1:08 AM
Roberts meant it was wrongly decided because they should have found Korematsu lacked standing and never reached the merits
When Roberts said “of course Korematsu was wrongly decided” I don’t think he meant that
September 30, 2026 at 1:01 AM
When Roberts said “of course Korematsu was wrongly decided” I don’t think he meant that
silver lining, maybe having a Korematsu will make it easier to pack the court?
September 30, 2026 at 12:01 AM
silver lining, maybe having a Korematsu will make it easier to pack the court?
If SCOTUS rules this is legal (which all signs point to them doing), it will be their own Korematsu. Indefensible.
September 30, 2026 at 12:00 AM
If SCOTUS rules this is legal (which all signs point to them doing), it will be their own Korematsu. Indefensible.
The same ol' "an essential tool to remove certain aliens, including some of the worst criminal aliens" BS from our government liars, er, lawyers. Just another s**t stain on American jurisprudence.
Korematsu v. United States (Japanese internment) was also a 6-3 decision.
www.npr.org/2026/09/29/g...
Korematsu v. United States (Japanese internment) was also a 6-3 decision.
www.npr.org/2026/09/29/g...
U.S. Supreme Court sides with Trump administration in third-country deportations
The Supreme Court allowed the Trump administration to resume deportations of migrants to countries that are not identified in their removal orders. It also plans to hear full arguments on the case.
www.npr.org
September 29, 2026 at 11:35 PM
The same ol' "an essential tool to remove certain aliens, including some of the worst criminal aliens" BS from our government liars, er, lawyers. Just another s**t stain on American jurisprudence.
Korematsu v. United States (Japanese internment) was also a 6-3 decision.
www.npr.org/2026/09/29/g...
Korematsu v. United States (Japanese internment) was also a 6-3 decision.
www.npr.org/2026/09/29/g...
In 1983, the wrongful 1944 decision in Korematsu v United States was overturned, and in 1988 Pres Reagan signed a civil rights bill passed in Congress offering a formal apology for the internment AND reparations to survivors
We learn about Fred Korematsu in California
www.npr.org/sections/cod...
We learn about Fred Korematsu in California
www.npr.org/sections/cod...
From Wrong To Right: A U.S. Apology For Japanese Internment
More than 100,000 people of Japanese descent were put in camps during World War II. Decades later and inspired by the civil rights movement, Japanese-Americans launched a campaign for redress that cul...
www.npr.org
September 29, 2026 at 11:10 PM
In 1983, the wrongful 1944 decision in Korematsu v United States was overturned, and in 1988 Pres Reagan signed a civil rights bill passed in Congress offering a formal apology for the internment AND reparations to survivors
We learn about Fred Korematsu in California
www.npr.org/sections/cod...
We learn about Fred Korematsu in California
www.npr.org/sections/cod...
A decision as morally bankrupt as Dred Scott, Plessy or Korematsu. This Court disgraces itself and the nation as a whole.
September 29, 2026 at 7:42 PM
A decision as morally bankrupt as Dred Scott, Plessy or Korematsu. This Court disgraces itself and the nation as a whole.
Now do Korematsu.
And how many years had FDR been dead before Black began defending the First?
And how many years had FDR been dead before Black began defending the First?
September 29, 2026 at 7:24 PM
Now do Korematsu.
And how many years had FDR been dead before Black began defending the First?
And how many years had FDR been dead before Black began defending the First?
How very Korematsu of them.
September 29, 2026 at 7:06 PM
How very Korematsu of them.
I learned about it in college and then in law school with the Korematsu decision.
September 27, 2026 at 3:11 PM
I learned about it in college and then in law school with the Korematsu decision.
Plessy v Feeguson.
Dred Scott
Korematsu
Citizens United
Bowers v Hardwick
Bush v Gore.
The history of SCOTUS is chock full of horrible decisions.
This particular barrel of SCOTUS monkeys, however, does seem hell bent on destroying the very roots of our democracy.
Dred Scott
Korematsu
Citizens United
Bowers v Hardwick
Bush v Gore.
The history of SCOTUS is chock full of horrible decisions.
This particular barrel of SCOTUS monkeys, however, does seem hell bent on destroying the very roots of our democracy.
September 25, 2026 at 5:42 PM
Plessy v Feeguson.
Dred Scott
Korematsu
Citizens United
Bowers v Hardwick
Bush v Gore.
The history of SCOTUS is chock full of horrible decisions.
This particular barrel of SCOTUS monkeys, however, does seem hell bent on destroying the very roots of our democracy.
Dred Scott
Korematsu
Citizens United
Bowers v Hardwick
Bush v Gore.
The history of SCOTUS is chock full of horrible decisions.
This particular barrel of SCOTUS monkeys, however, does seem hell bent on destroying the very roots of our democracy.
Looking forward to this!
25 Years of Asking Questions: Who Belongs in America?
From Ellis Island to today’s debates over immigration and citizenship, questions of inclusion and exclusion have long shaped the nation’s identity. Inspired by Korematsu v. United States...
www.roberthjackson.org
September 24, 2026 at 12:42 AM
Looking forward to this!
Actually, this is area where SCOTUS could claim the MOST precedential support for siding with trump. They'd be wrong, but...
Schenk v. US
Abrams v. US
Korematsu v. US
Not as consistent/clear as you'd expect or want. Compromised justices could find support.
constitutioncenter.org/blog/how-the...
Schenk v. US
Abrams v. US
Korematsu v. US
Not as consistent/clear as you'd expect or want. Compromised justices could find support.
constitutioncenter.org/blog/how-the...
How the Supreme Court ruled on press censorship cases after World War I
In a three-part series, Constitution Daily looks at a series of landmark cases that have defined First Amendment rights and free speech for the press. In part two, we review how controversies from the...
constitutioncenter.org
September 23, 2026 at 3:18 PM
Actually, this is area where SCOTUS could claim the MOST precedential support for siding with trump. They'd be wrong, but...
Schenk v. US
Abrams v. US
Korematsu v. US
Not as consistent/clear as you'd expect or want. Compromised justices could find support.
constitutioncenter.org/blog/how-the...
Schenk v. US
Abrams v. US
Korematsu v. US
Not as consistent/clear as you'd expect or want. Compromised justices could find support.
constitutioncenter.org/blog/how-the...
Join us Thursday, October 8th at 6pm for "Who Belongs in America?", the next lecture in our 25 Years of Asking Questions series, as Professor Tsai turns to Korematsu v. United States and the question of who gets to claim the full protection of the Constitution.
September 23, 2026 at 10:30 AM
Join us Thursday, October 8th at 6pm for "Who Belongs in America?", the next lecture in our 25 Years of Asking Questions series, as Professor Tsai turns to Korematsu v. United States and the question of who gets to claim the full protection of the Constitution.
Yeah, the FDR appointed KKK member Hugo Black, the one that enabled him to intern citizens of Japanese descent, (see Korematsu) misread the Constitution yet again.
Where was he when FDR was doing pretty much the exact same thing?
Go figure.
Where was he when FDR was doing pretty much the exact same thing?
Go figure.
September 21, 2026 at 7:02 PM
Yeah, the FDR appointed KKK member Hugo Black, the one that enabled him to intern citizens of Japanese descent, (see Korematsu) misread the Constitution yet again.
Where was he when FDR was doing pretty much the exact same thing?
Go figure.
Where was he when FDR was doing pretty much the exact same thing?
Go figure.
The judicial system decided Dred Scott, Plessy v. Ferguson, and Korematsu.
No.
No.
September 20, 2026 at 6:17 AM
The judicial system decided Dred Scott, Plessy v. Ferguson, and Korematsu.
No.
No.
Save the date: Oct 8, constitutional scholar Robert L. Tsai returns to the RHJC for "Who Belongs in America?" — exploring Korematsu v. United States and what it means for citizenship today. 6-7pm at the Jackson Center, Jamestown. Free & open to the public.
roberthjackson.org/event/25yaq-...
roberthjackson.org/event/25yaq-...
September 19, 2026 at 12:56 PM
Save the date: Oct 8, constitutional scholar Robert L. Tsai returns to the RHJC for "Who Belongs in America?" — exploring Korematsu v. United States and what it means for citizenship today. 6-7pm at the Jackson Center, Jamestown. Free & open to the public.
roberthjackson.org/event/25yaq-...
roberthjackson.org/event/25yaq-...
I’ve heard the expression “zombie precedent” for precedents like Korematsu that are technically still binding but which no court believes would stand if they were tested again.
Of course in the Trump/Roberts/Alito era, who knows ¯\_(ツ)_/¯
(IANAL but I listen to podcasts so…)
Of course in the Trump/Roberts/Alito era, who knows ¯\_(ツ)_/¯
(IANAL but I listen to podcasts so…)
September 19, 2026 at 3:45 AM
I’ve heard the expression “zombie precedent” for precedents like Korematsu that are technically still binding but which no court believes would stand if they were tested again.
Of course in the Trump/Roberts/Alito era, who knows ¯\_(ツ)_/¯
(IANAL but I listen to podcasts so…)
Of course in the Trump/Roberts/Alito era, who knows ¯\_(ツ)_/¯
(IANAL but I listen to podcasts so…)
#AlwaysRemember #EO9066 #TuleLake #Manzanar #Jerome #Rowher #Topaz #Minidoka #Honouliuli #GilaRiver #Amache #NoNoBoy #Korematsu
September 19, 2026 at 1:13 AM