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The Supreme Court just upheld President Trump’s travel ban on people from designated nations. Not only that, but SCOTUS also overruled an infamous decision from FDR’s administration.
The ruling that the conservative majority overturned was Korematsu v. United States (1944), which allowed the FDR administration to round up and place foreign nationals in internment camps. American-born ethnic Japanese made up about two-thirds of the 120,000 people sent to camps, although Italians and Germans also were also affected.
Here’s what Chief Justice John Roberts argued:
“The forcible relocation of U. S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority.”
So that’s a good thing, right? Even if it came much too late for older internees who have since passed on.
Now lest anyone think that Korematsu was somehow similar to the travel ban, Roberts added this:
“But it is wholly inept to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission.”
That’s pretty clear, isn’t it? Roberts is warning Americans not to conflate the two because they’re entirely different animals.
Ah, but certain progressives didn’t understand that memo, like the ACLU and MN Rep. Keith Ellison. Because . . . hypocrisy, or something.
Today's Supreme Court ruling repeats the mistakes of the Korematsu decision. It takes the government lawyers' flimsy national security excuse for the ban at face value, instead of taking seriously the president's own explanation for his actions.
— ACLU (@ACLU) June 26, 2018
Like the Korematsu decision that upheld Japanese internment camps or Plessy v. Ferguson that established "separate but equal," this decision will someday serve as a marker of shame. https://t.co/SLgzhSmbYS
— Rep. Keith Ellison (@keithellison) June 26, 2018
Then there was this from Ian Millhiser, an editor from Think Progress:
There’s a terrible, painful irony in the Court explicitly overruling Korematsu in a case that revives its spirit.
Which in itself is dripping with irony, considering that Millhiser uses a picture of Franklin D. Roosevelt as his background picture on Twitter. As I’m sure you recall from history, FDR’s justices rubber-stamped his Executive Order 9066, upholding it in Korematsu:
Why is it so hard for these folks to understand that the people who were interned in these camps were already legal residents, naturalized, or native-born citizens of the United States? And that this travel ban affects non-citizens who wish to enter the United States and “cannot be adequately vetted,” according to Chief Justice Roberts. Furthermore, as Roberts wrote, “the proclamation is squarely within the scope of Presidential authority.”
Which is unlike FDR’s Executive Order 9066.
Also on Tuesday, President Trump presented a posthumous Medal of Honor to the widow of a late World War II veteran. In January, 1945, First Lt. Garlin Murl Conner sneaked out of a hospital to find his Army unit in France. He braved a wave of German fire while holding only a phone and a wire so he could call in artillery strikes on the enemy.
For his efforts, Lt. Conner received the Distinguished Service Cross, four Silver Stars, and three Purple Hearts. And now, 20 years after his death in 1998, he has finally received the ultimate honor.
Sounds like the fitting end for a day in which the President was vindicated for his travel ban, doesn’t it? But I’m sure some progressive somewhere will criticize him for that too. Because that’s just how they roll.
Scott says: BZ to Lt. Conner (now the second mos decorated soldier of WW II , after Audie Murphy), congrats to the President, and the rule of law, and lastly, a BIG FAT SUCK IT to “justice” sotomayorrrrr, and all the leftists who protest this, but would still get on their knees (ala monica lewinski) for FDR…
Wfjag says: With Korematsu overruled, Harvard no longer has a basis on which to argue that it’s OK to treat Asians differently in admissions. They might have to base decisions on merit and achievement, and so what’s the next AA applicant going to have to do?
Brian Brandt says: I have often wondered what the liberals who live in L.A. and San Francisco would have done in FDR’s place? We had been attacked by Japan (not the Germans or the Italians) and there was a credible threat that they would continue on and attack the West Coast.
With the luxury of hindsight – and having won the war – we now can see that the Japanese-Americans were not a threat. It was not so clear in 1941.
Kim Hirsch says: You’re correct that we do have the luxury of hindsight. However, there had been long-standing bigotry against Japanese-Americans on the West Coast for many years prior to WWII. Executive Order 9066 merely justified it.
Even though there were also attacks on US soil by Germans, like Operation Pastorius, Germans were not interned at the rate that the Japanese were. For example, my grandparents were German nationals who emigrated prior to World War I and became naturalized citizens. During World War II, however, they were investigated and questioned by the FBI, especially since my grandmother still had immediate family living in East Prussia, including two brothers who had been drafted into the Wehrmacht. However, they were never threatened with internment.
May I recommend the book Midnight in Broad Daylight, by Pamela Rotner Sakamoto. It’s eye-opening as to the level of bigotry against West Coast Japanese.
https://books.google.com/books/about/Midnight_in_Broad_Daylight.html?id=U5xvCQAAQBAJ&hl=en
[…] That’s pretty clear, isn’t it? Roberts is warning Americans not to conflate the two because they’re entirely different animals. Ah, but certain progressives didn’t understand that memo, like the ACLU and MN Rep. Keith Ellison. Because . . . hypocrisy, or something. more […]
John in Indy says: Also relevant to note that only West Coast Japanese (American citizens) were interned. East Coast and Hawaiian Islands residents of Japanese ancestry were not interned. This was pushed by Earl Warren, Atty Gen of California, and the Army general in charge of th he West Coast. Warren was later Chief Justice of the Supreme Court.
I also remember the “Impeach Earl Warren” billboards from my childhood years, though I have forgotten who wanted that or why.
John in Indy
Kim Hirsch says: Interesting about Earl Warren’s hand in the internment. Thanks for the information.
After AG, Earl Warren was elected Governor of CA on November 3, 1942. He was opposed to the release of detained Japanese-Americans in January 1945. V-J Day was still eight months away.
As governor, Warren was popular until he began implementing New Deal-type policies after World War II. His support of the Collier-Burns Act in 1947 was the basis for those impeachment billboards you remember. The Act raised gasoline and diesel taxes from 3.8 cents/gal to 4.5 cents/gal. Moreover, it doubled the annual cost of automobile registration from $3 to $6. The trucking industry, the oil lobbyists, and the motoring public made their feelings known with newspaper ad and billboards.
CaptDMO says: Golly, where DID the list of countries barred as country of origin come from?
Do any OTHER governments ban travel by unvetted folks from those same countries?
WHY?
I suspect Venezuela MAY be a “special case” for the US, ….or not.
David R Byler says: Did you know that there was also a camp for Lutheran Pastors? Yep. Kennedy, Texas. Most of those interned there, died there. Old men pastors who had gone out to Central America. Yes, most all of them spoke German among other non-english languages. This Supreme Court ruling is also for them. Hasn’t been PC to mention them for decades, but lest we forget ………..
GWB says: The ruling that the conservative majority overturned was Korematsu v. United States (1944), which allowed the FDR administration to round up and place foreign nationals in internment camps. American-born ethnic Japanese made up about two-thirds of the 120,000 people sent to camps, although Italians and Germans also were also affected.
These two sentences don’t speak to the same thing. “Foreign nationals” would not include American-born people, as they would be American citizens. And internment of foreign nationals (during time of war with their nation) wouldn’t have been a civil rights violation. Let’s not muddle what was and was not wrong with Korematsu.
Why is it so hard for these folks to understand that SOME OF the people who were interned in these camps were already legal residents, naturalized, or native-born citizens of the United States?
FIFY
Because the legal residents were still foreign citizens, and there is a huge difference between those and actual citizens. Again, the civil rights problem is with the citizens being interned, not with interning or ejecting citizens of an ENEMY nation.
rbj says: Oh, the progressives did get that memo. But they are not interested in facts, only propaganda that they can foist on people who are not paying close attention because such people have lives.
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