In travel ban ruling, Supreme Court overturns Korematsu decision


The Supreme Court upheld President Trump's travel ban Tuesday, but in the process it quietly overturned its 1944 ruling that the internment of Japanese-Americans during World War II was constitutional. The case, Korematsu v. United States, was invoked in the dissent, but "whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case," the majority opinion said.
The majority went on to argue that the "forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of presidential authority." The reference by the dissent, though, "affords this court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and — to be clear — 'has no place in law under the Constitution.'" Read the entire statement below. Jeva Lange
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Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
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