1944 Korematsu opinion on Japanese American internment is tossed out

If there was one thing that pushed me from “conservatism” to libertarianism when I was younger it was FDR’s internment of American citizens of Japanese descent. He placed US CITIZENS in concentration camps. That happened.

(From SFCronicle.com)

In its ruling Tuesday upholding President Trump’s controversial travel ban, the U.S. Supreme Court added a secondary eye-popping decision: It overruled its 1944 opinion that validated the internment of Japanese Americans during World War II — calling it unconstitutional.

The 74-year-old internment case was based on a lawsuit filed by Fred Korematsu, an Oakland-born man who challenged President Franklin Roosevelt’s executive order that led to the eviction and internment of 120,000 Japanese and Japanese Americans from the West Coast following Japan’s attack on Pearl Harbor in 1941. At the time, the U.S. Supreme Court called the imprisonment of citizens constitutional because of military urgency and the need to take “proper security measures.”

On Tuesday, Chief Justice John Roberts, rejected arguments that likened Trump’s travel ban on mostly Muslim-majority countries to the internment of Japanese Americans. Roberts argued in the majority opinion that Trump’s policy is constitutional because it was based on national security concerns rather than race or religion.

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