For decades, law professors have discussed the 1944 decision in Korematsu v. United States as one of the most disgraceful and indefensible opinions ever issued by the United States Supreme Court. Yet, the Court has continued to cite Korematsu and has never expressly disavowed its denial of basic constitutional rights to Japanese Americans. In a virtual aside by the majority in Trump v. Hawaii, Chief Judge John Roberts Jr. puts a well-aimed stake through the heart of the case and finally declares it to be overturned.
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