Today’s Google Doodle Trolls Trump’s Latest Action
Korematsu v. United States - Wikipedia
The Korematsu decision has not been explicitly overturned,[4] although, in 2011, the Department of Justice filed an official notice[5] conceding that the then Solicitor General’s defense of the internment policy had been in error. However, the Court’s opinion remains significant, both for being the first instance of the Supreme Court applying the strict scrutiny standard to racial discrimination by the government, and for being one of only a handful of cases in which the Court held that the government had met that standard. Constitutional scholars like Bruce Fein and Noah Feldman have compared Korematsu to Dred Scott and Plessy v. Ferguson, respectively, in arguing it has become an example of Richard Primus’s “Anti-Canon”,[6] a term for those cases which are so flawed that they are now taken as exemplars of bad legal decision making;[7][8] The decision has been described as “an odious and discredited artifact of popular bigotry”[7] and as “a stain on American jurisprudence.”[9] Feldman summarized the present view of the case as: “Korematsu’s uniquely bad legal status means it’s not precedent even though it hasn’t been overturned.”[8]