For those interested, there are more resources at The Fred Korematsu Institute.
It is especially important to remember Korematsu, as well as what he and other Japanese-Americans went through given the current travel ban, attempts to change immigration law and end asylum by executive order, and build a wall solely because the president’s advisors needed a way to make sure he’d talk about immigration while campaigning and because the idea of immigrants, legal or undocumented, makes Stephen Miller feel icky.
Long ago, Fred Korematsu was arrested in San Leandro, Calif., his home town, for defying an executive order that led to the expulsion or imprisonment of more than 100,000 Japanese Americans after Japan bombed Pearl Harbor.
He later went to the Supreme Court to fight it, much as others now oppose President Trump’s executive order barring people from seven mostly majority-Muslim countries from entering the United States. Korematsu lost in 1944 and, although his criminal conviction was vacated in 1983, the case was not overturned.
More than 30 years after Korematsu challenged, for the second time, what is widely considered one of the most unjust government actions in U.S. history, the country watched another legal battle conclude this morning, when the Supreme Court issued its decision in Trump v. Hawaii. The court upheld Trump’s travel ban and overturned Korematsu’s case.
The irony is that Korematsu’s vindication came as the Supreme Court actualized his worst fear by “racially profiling of a group because they looked like the enemy,” according to Fred Korematsu’s daughter, Karen.
“The Korematsu court presumed people were dangerous because they were of Japanese descent. Today, it is because they are from a particular country,” said Erwin Chemerinsky, who is dean of the University of California at Berkeley Law School and once called the Supreme Court’s ruling against Korematsu “one of the worst decisions in history.” Neither assumption, he said, is rooted in equal protection of the law.
“In the majority opinion, Chief Justice John G. Roberts Jr. wrote, ‘Korematsu was gravely wrong the day it was decided.’ I think a future court will one day say [today’s decision] was a huge mistake,” Chemerinsky said.
“Korematsu may be overruled, but it’s not to be celebrated,” said Karen Korematsu. “Unfortunately with this decision, we are continuing to repeat history.”
For months, Karen Korematsu heard echoes of her father’s old warnings in the way Trump’s order cast suspicion on an entire class of people, and the way its defenders in court made claim to national security without citing any evidence against the people the order affected.
She was reminded that during the campaign, Trump promised a broader ban on Muslim foreigners — as well as a registry of Muslims living in the United States.
She was reminded that one of his top backers cited her father’s case as legal precedent for such things.
“Racial profiling was wrong in 1942 and racial profiling and religious profiling is wrong in 2018,” Karen Korematsu lamented. “The Supreme Court traded one injustice for another 74 years later.”
Korematsu was sent to the Central Utah War Relocation Camp in Topaz, Utah.