It may be grossly disingenuous and the Supreme Court may have only done this to deflect from their effort to reaffirm the dangerous core logic that the President has unlimited power to discriminate as long as the final draft of the order isn’t explicitly bigoted and is at least tangentially related to hypothetical security concerns, but this is still worth celebrating.
As Justice Sotomayor noted, the Court took the “laudable” step of overruling Korematsu.
Now Westlaw has made it official nearly 44 years after the fact.
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Our celebration may be muted by the twisted circumstances that led to this point, but for the legacy of Fred Korematsu and all the others detained during World War II, this is a significant symbolic achievement. Supreme Court history is driven by the stories of ordinary people like Korematsu, and he deserved this vindication.
Hopefully someday their legacy can also be free of the taint of association with this opinion.
(H/t Jon Whitehead’s Twitter for the picture)
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Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.