The Court and Korematsu

“Prisoner in Paradise” (cover story, March 6) incorrectly reports that the Supreme Court overturned Korematsu in June 2018. The majority decision upholding Trump’s travel ban did not overturn Korematsu. The majority repudiated the decision and wrote that the case had been “overruled by history.” It did not overturn the precedent. 

PAW also mischaracterizes the spirit of the decision. In its decision to uphold the Muslim ban, the Supreme Court rhetorically repudiated Korematsu but materially upheld it. This is why Japanese Americans did not celebrate the decision. For reference, please see: https://constitutioncenter.org/blog/did-the-supreme-court-just-overrule-the-korematsu-decision.