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19 Jul 2018, 7:30 am
Recently, the Supreme Court said that its decision upholding the internment of Japanese Americans on the basis of race and national origin was wrong. [read post]
9 Jul 2018, 2:45 pm
The infamous Dred Scott case had held that Blacks had no rights that whites were bound to respect and denied them citizenship. [read post]
6 Jul 2018, 10:00 am
 In some cases, family members (usually the father) had been arrested earlier and sent to a different camp. [read post]
6 Jul 2018, 5:18 am by Benjamin Wittes
Second, the outcome of this case does not turn on the president’s statutory authority to issue the travel ban under the Immigration and Nationality Act (INA). [read post]
5 Jul 2018, 2:09 pm by Eric Muller
  That was not grounded on the Alien Enemies Act – and it couldn’t have been, because the curfew and exclusion orders imposed under 9066 by their terms applied to American citizens of Japanese ancestry in addition to their immigrant non-citizen parents. [read post]
2 Jul 2018, 7:30 am
  At the close of his opinion upholding President Donald Trump’s ban on immigrants from five predominantly Muslim countries, Chief Justice John Roberts proclaimed on Tuesday that “Korematsu has nothing to do with this case. [read post]
29 Jun 2018, 11:27 am by Gene Takagi
The voting of the Justices on these cases clearly evidenced two factions, and each time, it was won by the conservative majority created by the GOP’s blocking of the Senate’s consideration of Obama appointee Merrick Garland. [read post]
28 Jun 2018, 8:46 am by Max Raileanu
  The case sets the precedent that public and political statements made by the President shall not outweigh the language and structure of the proclamation itself. [read post]
28 Jun 2018, 8:46 am by Max Raileanu
  The case sets the precedent that public and political statements made by the President shall not outweigh the language and structure of the proclamation itself. [read post]
28 Jun 2018, 8:00 am by Harold Hongju Koh
” In both cases — FDR’s Japanese internment and Trump’s travel ban — the government misstated key facts to the court. [read post]
28 Jun 2018, 6:30 am by Eric Muller
The argument to establish racial motivation would instead have had to point out that the government was excluding all Japanese nationals from the West Coast while excluding German and Italian nationals from the coasts on a case-by-case basis. [read post]
28 Jun 2018, 5:19 am by Quinta Jurecic
There was a sharp dissent—in this case, by Justice Sonia Sotomayor. [read post]
27 Jun 2018, 12:21 pm by Victoria Clark
The injunction is part of a larger case that began when the American Civil Liberties Union sued Immigration and Customs Enforcement on behalf of a Congolese woman separated from her 7-year-old daughter. [read post]
27 Jun 2018, 4:20 am by Edith Roberts
” For The National Law Journal (subscription or registration required), Tony Mauro reports that “the fact the repudiation of Korematsu came in an opinion upholding an immigration policy that some critics likened to the Japanese internment program muted the celebration. [read post]
26 Jun 2018, 9:01 pm by Michael C. Dorf
He was excluded because we are at war with the Japanese Empire. [read post]
26 Jun 2018, 3:32 pm by Peter Margulies
The majority was right that caution is prudent in subjecting national security decisions to the tangled case law of the Establishment Clause, which typically handles disparate matters such as religious displays. [read post]
26 Jun 2018, 2:20 pm by Joseph Fishkin
  Imagine that the Japanese internment program had applied exclusively to non-citizens—suppose it were framed as a change in immigration status, revoking permission to be in the country and therefore assigning such immigrants to internment/detention camps. [read post]
26 Jun 2018, 1:47 pm by Mark Walsh
” Roberts moves quickly through the arguments raised comparing the president’s proclamation with the Japanese internment policy upheld in 1944 in Korematsu v. [read post]