Exactly what I thought of yesterday when the ruling came down. Very dark day in America
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Hard to make that argument without acknowledging that the decision overturns and condemns Korematsu - another one of those decisions that left a stain on the judiciary and American values
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Doesn't overturn Korematsu. Condemns, for sure, but does not have a HOLDING that Korematsu is overturned.. It's as close they can get to overturning without a test case being brought, though... and pretty tough to get a test case for internment camps for American citizens...
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So de jure, Korematsu has not be overturned. De facto, it has been. And who's going to be bold enough to make an argument based on the decision in Korematsu after this language from the Chief? (Beside John Yoo).
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I mean, who was going to cite Korematsu BEFORE this, though? It's not like the justices had been coy in public about how they felt about it (though I'd be willing to believe this is the first time Thomas has ever expressed an opinion). IMO, it was de facto overturned long ago
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Correction, 5 Republicans, I mean, 5 conservatives ruled for the ban.
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Yes, especially Sotomayor's dissent. The decision to uphold should have been unanimous.
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Or at least the dissenting opinion should have some reasonable basis in law and the constitution!
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The Dems are finished. SCOTUS will be Conservative for the rest of your life.
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