Sober Second Thought? Korematsu Reconsidered

Killenbeck, Mark R.

Journal: Arkansas Law Review

Volume: 74

First Page: 151

Year: 2021

Bluebook Citation: 74 ARK. L. REV. 151 (2021)

Author: Mark R. Killenbeck: all 13 publications


Abstract

How to best describe and treat Korematsu v. United States? A self-inflicted wound? It is certainly an exemplar of a case that in key respects tracks Justice Stephen Breyer’s caution about decisions that have “harm[ed] not just the Court, but the Nation.” Part of an “Anticanon,” resting on “little more than naked racism and associated hokum” and “embod[ying] a set of propositions that all legitimate constitutional decisions must be prepared to refute”? Perhaps.

Or is it simply an opinion and result that “has long stood out as a stain that is almost universally recognized as a shameful mistake”?

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