Ukrainian Law Blog
Freedom means the supremacy of human rights everywhere
Friday, December 22, 2017
When SCOTUS makes a mistake
Brown v Board of Education. Roe v Wade.
Loving v Virginia
. Supreme Court decisions are the final word in
constitutional law
, protecting the rights of individuals with the same weight as constitutional amendments. Except when they don’t. The actual history of the Supreme Court is the same messy story of case law seen in lower courts, and just as littered with bad decisions.
The incarceration of Japanese-Americans during World War II is almost universally acknowledged to have been a bad idea, rooted more in racism than national security. But human memory is short, and even mistaken legal precedents hold weight. As the anniversary of
Korematsu v United States
– the Supreme Court decision that justified the Japanese incarceration – approaches, some people may be trying to repeat history, this time pointing to Muslims, instead of Japanese, as a threat to America’s security.
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