How the Supreme Court Replaced One Injustice With Another

.. During World War II, about 120,000 men, women and children of Japanese descent, including almost 40,000 foreign nationals living on the West Coast, were removed from their homes, forced to forfeit their possessions and then incarcerated on the basis of military orders authorized by the president.

.. The real reason for the government’s deplorable treatment of Japanese Americans was not acts of espionage but rather a baseless perception of disloyalty grounded in racial stereotypes

.. When President Trump used questionable evidence to issue executive orders last year banning immigration from predominantly Muslim countries, I heard the same kind of stereotypes that targeted the Japanese-Americans in World War II being used against Muslims.

.. we implored the court to repudiate its decisions in those cases while affirming their greater legacy: Blind deference to the executive branch, even in areas in which the president must wield wide discretion, is incompatible with the protection of fundamental freedoms.

.. But the court’s repudiation of the Korematsu decision tells only half the story. Although it correctly rejected the abhorrent race-based relocation and incarceration of Japanese Americans, it failed to recognize — and reject — the rationale that led to that infamous decision. In fact, the Supreme Court indicated that the reason it addressed Korematsu was because the dissenting justices noted the “stark parallels between the reasoning of” the two cases.

.. the Supreme Court seemed to repeat the same bad logic of the 1940s decision by rubber stamping the Trump administration’s bald assertions that the “immigration travel ban” is justified by national security.

.. As Justice Sonia Sotomayor explained in her dissent

.. By blindly accepting the government’s misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the court redeploys the same dangerous logic underlying Korematsu and merely replaces one ‘gravely wrong’ decision with another.”

.. The court’s decision replaced one injustice with another nearly 75 years later.





The Double Standard in the Progressive War against the Dead 

Will Progressives erase the history of their racist heroes, or only their racist enemies?

.. Much of the country has demanded the elimination of references to, and images of, people of the past — from Christopher Columbus to Robert E. Lee — who do not meet our evolving standards of probity. In some cases, such damnation may be understandable if done calmly and peacefully — and democratically, by a majority vote of elected representatives.

.. Few probably wish to see a statue in a public park honoring Confederate general Nathan Bedford Forrest, one of the founding members of the Ku Klux Klan, or Supreme Court Justice Roger B. Taney, who wrote the majority opinion in the racist Dred Scott decision that set the stage for the Civil War four years later.



.. Should we ask that Ruth Bader Ginsburg resign from the Supreme Court? Even with the benefit of 21st-century moral sensitivity, Ginsburg still managed to echo Sanger in a racist reference to abortion (“growth in populations that we don’t want to have too many of”).

Why did we ever mint a Susan B. Anthony dollar? The progressive suffragist once said, “I will cut off this right arm of mine before I will ever work or demand the ballot for the Negro and not the woman.”

Liberal icon and Supreme Court Justice Earl Warren pushed for the internment of Japanese Americans during World War II while he was California’s attorney general.

President Woodrow Wilson ensured that the Armed Forces were not integrated. He also segregated civil-service agencies. Why, then, does Princeton University still cling to its Woodrow Wilson School of Public and International Affairs? To honor a progressive who did a great deal of harm to African-American causes?

In the current logic, Klan membership certainly should be a disqualifier of public commemoration. Why are there public buildings and roads still dedicated to the late Democratic senator Robert Byrd, former “exalted cyclops” of his local Klan affiliate, who reportedly never shook his disgusting lifelong habit of using the N-word? Why is Supreme Court Justice Hugo Black, once a Klansman, in the 20th century, still honored as a progressive hero?

.. Are the supposedly oppressed exempt from charges of oppression? Farm-labor icon Cesar Chavez once sent union thugs to the border to physically bar U.S. entry to undocumented Mexican immigrants, whom he derided as “wetbacks” in a fashion that would today surely earn Chavez ostracism by progressives as a xenophobe.

.. What is the ultimate purpose of progressives condemning the past? Does toppling the statue of a Confederate general — without a referendum or a majority vote of an elected council — improve racial relations? Does renaming a bridge or building reduce unemployment in the inner city?

.. Does selectively warring against the illiberal past make us feel better about doing something symbolic when we cannot do something substantive? Or is it a sign of raw power and ego when activists force authorities to cave to their threats and remove images and names in the dead of night? Does damning the dead send a flashy signal of our superior virtue?

The Forgotten Government Plan to Round Up Muslims

In the ’80s, terror led the government to consider something far more extreme than Donald Trump’s ban.















