They basically did this with Korematsu in Hawaii v. Trump (I think that was the case, it was the first term case when Trump started banning Muslim immigration, which we seem to have forgiven in 2024...)
The whole notion that the Supreme Court needs an “appropriate vehicle” to renounce a past decision is made up by … the Supreme Court.
There’s no reason a new (17-member?) Supreme Court couldn’t simply announce on Day One of their term, “The following cases are no longer good law: [list].”
There’s no reason a new (17-member?) Supreme Court couldn’t simply announce on Day One of their term, “The following cases are no longer good law: [list].”
November 9, 2026 at 2:00 PM
They basically did this with Korematsu in Hawaii v. Trump (I think that was the case, it was the first term case when Trump started banning Muslim immigration, which we seem to have forgiven in 2024...)
my government teacher told us the korematsu decision was good and had to happen and my geometry (??) teacher would frequently go on anti gun control rants
November 6, 2026 at 2:44 PM
my government teacher told us the korematsu decision was good and had to happen and my geometry (??) teacher would frequently go on anti gun control rants
Korematsu v. United States (1944): Upheld the forced relocation and mass incarceration of Japanese Americans during World War II.
November 9, 2026 at 12:18 PM
Korematsu v. United States (1944): Upheld the forced relocation and mass incarceration of Japanese Americans during World War II.
In many ways Murphy is perhaps the most attractive Supreme Court Justice of FDR's tenure. A liberal and anti-racist, he famously dissented in Korematsu, not only blasting Japanese internment but calling it "legalization of racism", making him the first-ever SC Justice to use that word.
November 2, 2026 at 2:34 PM
In many ways Murphy is perhaps the most attractive Supreme Court Justice of FDR's tenure. A liberal and anti-racist, he famously dissented in Korematsu, not only blasting Japanese internment but calling it "legalization of racism", making him the first-ever SC Justice to use that word.
#AlwaysRemember #EO9066 #Manzanar #TuleLake #HeartMountain #Rowher #Granada #Topaz #Jerome #GilaRiver #Honouliuli #Poston #Minidoka #Korematsu #Hiraybashi #NoNoBoy
November 2, 2026 at 7:37 AM
Yeah, the way you wrote that reminded me of the abruptness with which Judge Nishimura ended a hearing after Orly Taitz told her that the court was, by not giving her Obama's birth certificate, committing an injustice on par with the Korematsu decision.
October 30, 2026 at 3:34 PM
Yeah, the way you wrote that reminded me of the abruptness with which Judge Nishimura ended a hearing after Orly Taitz told her that the court was, by not giving her Obama's birth certificate, committing an injustice on par with the Korematsu decision.
(9/10) Read the Fred T. Korematsu Center for Law and Equality (@korematsuctr.bsky.social) amicus brief on implicit bias and the gender stereotyping in Brenda’s trial: www.supremecourt.gov/DocketPDF/26...
www.supremecourt.gov
October 31, 2026 at 1:41 AM
(9/10) Read the Fred T. Korematsu Center for Law and Equality (@korematsuctr.bsky.social) amicus brief on implicit bias and the gender stereotyping in Brenda’s trial: www.supremecourt.gov/DocketPDF/26...
Korematsu v. United States, the Supreme Court case that upheld the incarceration of Japanese Americans, will be staged live in Little Tokyo
Korematsu v. United States, the Supreme Court case that upheld the incarceration of Japanese Americans, will be staged live in Little Tokyo | LA Local
The case was turned into a script, at the urging of Korematsu's own daughter.
thelalocal.org
October 29, 2026 at 10:00 PM
Korematsu v. United States, the Supreme Court case that upheld the incarceration of Japanese Americans, will be staged live in Little Tokyo
Sometimes changing the world begins with the courage to speak up, even when standing alone.
#RaiseGoodRuckus
#RaiseGoodRuckus
October 29, 2026 at 5:00 PM
Sometimes changing the world begins with the courage to speak up, even when standing alone.
#RaiseGoodRuckus
#RaiseGoodRuckus
The power of 9066 & the holding in Korematsu are not overruled. Trump v Hawaii is the new Korematsu & gave rise to ICE masked agents & concentration camps.
The steps following 9966 are what we have prepare for now.
We could easily turn concentration camps into death camps w/o press coverage
The steps following 9966 are what we have prepare for now.
We could easily turn concentration camps into death camps w/o press coverage
October 25, 2026 at 6:32 PM
The power of 9066 & the holding in Korematsu are not overruled. Trump v Hawaii is the new Korematsu & gave rise to ICE masked agents & concentration camps.
The steps following 9966 are what we have prepare for now.
We could easily turn concentration camps into death camps w/o press coverage
The steps following 9966 are what we have prepare for now.
We could easily turn concentration camps into death camps w/o press coverage
we can make it a crime to be Asian too, what Will you say then?
ever heard of Korematsu? When USA threw all the Asians into internment camps?
In 10 yrs of immigration work, I’ve never seen a single criminal penalty filed for illegal border crossing, until Trump.
Get a clue.
ever heard of Korematsu? When USA threw all the Asians into internment camps?
In 10 yrs of immigration work, I’ve never seen a single criminal penalty filed for illegal border crossing, until Trump.
Get a clue.
October 25, 2026 at 12:30 PM
we can make it a crime to be Asian too, what Will you say then?
ever heard of Korematsu? When USA threw all the Asians into internment camps?
In 10 yrs of immigration work, I’ve never seen a single criminal penalty filed for illegal border crossing, until Trump.
Get a clue.
ever heard of Korematsu? When USA threw all the Asians into internment camps?
In 10 yrs of immigration work, I’ve never seen a single criminal penalty filed for illegal border crossing, until Trump.
Get a clue.
But it’s not a crime to be Asian. And yeah Korematsu was a terrible ruling as was Dred Scott. But the Supreme Court overruled the mistake in the latter in Brown v. Board and upheld the internments in the former. I don’t know why you’re using these as examples. These are terrible picks.
October 25, 2026 at 12:34 PM
But it’s not a crime to be Asian. And yeah Korematsu was a terrible ruling as was Dred Scott. But the Supreme Court overruled the mistake in the latter in Brown v. Board and upheld the internments in the former. I don’t know why you’re using these as examples. These are terrible picks.
Indeed.
Korematsu (SCUTOS, 1944) (e.g.*) was an abomination, but the “exclusion” had been occurring for two years by that point.
(* too many, big and small, to enumerate)
Korematsu (SCUTOS, 1944) (e.g.*) was an abomination, but the “exclusion” had been occurring for two years by that point.
(* too many, big and small, to enumerate)
October 22, 2026 at 6:48 PM
Indeed.
Korematsu (SCUTOS, 1944) (e.g.*) was an abomination, but the “exclusion” had been occurring for two years by that point.
(* too many, big and small, to enumerate)
Korematsu (SCUTOS, 1944) (e.g.*) was an abomination, but the “exclusion” had been occurring for two years by that point.
(* too many, big and small, to enumerate)
Yep! Thanks again, Citizens United. Worst Supreme Court decision since Korematsu and given the $$, it isn't even close.
October 22, 2026 at 4:36 AM
Yep! Thanks again, Citizens United. Worst Supreme Court decision since Korematsu and given the $$, it isn't even close.
Challenges the Supreme Court’s revisionist civil-rights history in affirmative-action cases and restores Korematsu, Brown, military integration, and racial justice to the record. racism.org/articles/bas...
Who Owns Civil Rights History?
Abstract
Excerpted From: Robert S. Chang and H. Timothy Lovelace, Jr., Who Owns Civil Rights History?, 106 B.U. L. Rev. 729 (April 2026) (412 Footnotes) (Full Document)
There was a delicious irony...
racism.org
October 21, 2026 at 12:00 PM
Challenges the Supreme Court’s revisionist civil-rights history in affirmative-action cases and restores Korematsu, Brown, military integration, and racial justice to the record. racism.org/articles/bas...
Pretty much agree with everything in Akiva's thread, though I'm more partial to eroding the legitimacy of the Supreme Court, which on balance has been a negative for the United States (the Slaughter House cases, Korematsu, Cruickshank, NFIB, Trump, etc etc)
These are good questions. So I'm going to spend a little time giving my answers to them. Will build it as a full thread that posts all at once, rather than post by post.
Calls for expanding #SCOTUS are entirely (and increasingly) understandable.
But as today's "One First" explains, there are at least four difficult questions that those who support expansion should have to answer—especially as compared to other possible reforms:
www.stevevladeck.com/p/bonus-257-...
But as today's "One First" explains, there are at least four difficult questions that those who support expansion should have to answer—especially as compared to other possible reforms:
www.stevevladeck.com/p/bonus-257-...
October 15, 2026 at 2:48 PM
Pretty much agree with everything in Akiva's thread, though I'm more partial to eroding the legitimacy of the Supreme Court, which on balance has been a negative for the United States (the Slaughter House cases, Korematsu, Cruickshank, NFIB, Trump, etc etc)
Executive Order 9066 (1942) authorized the forced removal and incarceration of roughly 120,000 Japanese Americans — two-thirds of them US citizens — in camps, based solely on ancestry. Nothing new here.
Source: National Archives / Korematsu v. United States
#NeverAgain #History #DueProcess
Source: National Archives / Korematsu v. United States
#NeverAgain #History #DueProcess
India's 'cockroach' party founder detained ahead of protest
The youth-led movement had called for a Delhi protest after mass detentions last week and the jailing of two leaders.
www.bbc.co.uk
October 16, 2026 at 4:35 PM
Executive Order 9066 (1942) authorized the forced removal and incarceration of roughly 120,000 Japanese Americans — two-thirds of them US citizens — in camps, based solely on ancestry. Nothing new here.
Source: National Archives / Korematsu v. United States
#NeverAgain #History #DueProcess
Source: National Archives / Korematsu v. United States
#NeverAgain #History #DueProcess
A dumbass ruling on par with Korematsu in terms of specious (and most likely motivated) reasoning.
11th Cir. holds that Florida's ban on anyone under age 14 and anyone under 16 without parental consent from creating a social media account likely does not violate the First Amendment.
Judge Newsome writes a concurring op. agreeing with his maj. op.
media.ca11.uscourts.gov/opinions/pub...
Judge Newsome writes a concurring op. agreeing with his maj. op.
media.ca11.uscourts.gov/opinions/pub...
October 15, 2026 at 4:55 PM
A dumbass ruling on par with Korematsu in terms of specious (and most likely motivated) reasoning.
4/ "Chief Justice Roberts, writing for majority, strongly endorsed Jackson’s dissent saying Korematsu “has no place in law under the Constit.”
..Legal theories did nothing to stop the internment program in real time or to meaningfully remedy damage done to its victims who lost freedom and property"
..Legal theories did nothing to stop the internment program in real time or to meaningfully remedy damage done to its victims who lost freedom and property"
October 14, 2026 at 7:50 PM
4/ "Chief Justice Roberts, writing for majority, strongly endorsed Jackson’s dissent saying Korematsu “has no place in law under the Constit.”
..Legal theories did nothing to stop the internment program in real time or to meaningfully remedy damage done to its victims who lost freedom and property"
..Legal theories did nothing to stop the internment program in real time or to meaningfully remedy damage done to its victims who lost freedom and property"
Dred Scott and Korematsu were horrible decisions made by objectively bad Supreme Courts, and I'm sure a scholarly approach would result in a far more nuanced conclusion.
I don't believe we've ever had a court more determined to undermine the Constitution.
I don't believe we've ever had a court more determined to undermine the Constitution.
October 13, 2026 at 1:53 PM
Dred Scott and Korematsu were horrible decisions made by objectively bad Supreme Courts, and I'm sure a scholarly approach would result in a far more nuanced conclusion.
I don't believe we've ever had a court more determined to undermine the Constitution.
I don't believe we've ever had a court more determined to undermine the Constitution.
We’d do units on the racism cases, pre & post civil war up thru at least Korematsu; the 2020 election litigation; Scalia, Rehnquist & motivated reasoning
October 11, 2026 at 11:21 PM
We’d do units on the racism cases, pre & post civil war up thru at least Korematsu; the 2020 election litigation; Scalia, Rehnquist & motivated reasoning
I was a fairly new civil AUSA in 2008 or so when federal judge Marilyn Hall Patel snapped at me that “the government always lies.” Judge Patel had decided the Korematsu writ of coram nobis case in 1984. Here we were, decades later, and the stain remained.
I can’t imagine trying to repair this.
I can’t imagine trying to repair this.
October 12, 2026 at 2:20 PM
I was a fairly new civil AUSA in 2008 or so when federal judge Marilyn Hall Patel snapped at me that “the government always lies.” Judge Patel had decided the Korematsu writ of coram nobis case in 1984. Here we were, decades later, and the stain remained.
I can’t imagine trying to repair this.
I can’t imagine trying to repair this.
Korematsu all over again. Americans voted a bunch of white supremacists into office
October 10, 2026 at 12:01 AM
Korematsu all over again. Americans voted a bunch of white supremacists into office
Not just them. . We are in a war with Iran, eyeing Cuba, threatening Canada and Greenland, and Executive Order 9066 and Korematsu are things advisors to Trump have referenced reverently, just like firing squads. Will SCOTUS find a loophole? yalelawjournal.org/essay/is-kor...
Is <i>Korematsu</i> Good Law? | Yale Law Journal
This Essay argues that the Supreme Court’s claim to overrule Korematsu in Hawaii is both empty and grotesque. It argues that a...
yalelawjournal.org
October 8, 2026 at 10:07 PM
Not just them. . We are in a war with Iran, eyeing Cuba, threatening Canada and Greenland, and Executive Order 9066 and Korematsu are things advisors to Trump have referenced reverently, just like firing squads. Will SCOTUS find a loophole? yalelawjournal.org/essay/is-kor...
I am hopeful that years from now the jurisprudence of Samuel Alito is pushed to the same corners as Plessy and Korematsu. His notion that “religious freedom” requires elevating a brand of Christianity above criticism turns the First Amendment on its head.
abcnews.com/Politics/thr...
abcnews.com/Politics/thr...
Alito calls same-sex marriage a 'decisive' turn 'against religious liberty' in new book
A new book by Justice Samuel Alito presents his view of the Constitution, the Supreme Court, and the country with a focus on religious freedom.
abcnews.com
October 8, 2026 at 12:15 AM
I am hopeful that years from now the jurisprudence of Samuel Alito is pushed to the same corners as Plessy and Korematsu. His notion that “religious freedom” requires elevating a brand of Christianity above criticism turns the First Amendment on its head.
abcnews.com/Politics/thr...
abcnews.com/Politics/thr...