Editorials & Other Articles

Trump v. Hawaii

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Supreme Court

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Korematsu
Part of the majority's decision referenced Korematsu v. United States, 323 U.S. 214 (1944), which upheld the constitutionality of President Franklin D. Roosevelt's Executive Order forcing Japanese-American citizens into concentration camps during World War II. The dissenting opinions in Trump mentioned Korematsu, leading Roberts to write, "[t]he dissent's reference to Korematsu, however, 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'" (citing Justice Robert H. Jackson's dissent from Korematsu). Scholars disagree about whether this statement "constitutes an actual overturning of Korematsu or merely disapproving dictum" of it.

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