How the Supreme Court Replaced One Injustice With Another

.. During World War II, about 120,000 men, women and children of Japanese descent, including almost 40,000 foreign nationals living on the West Coast, were removed from their homes, forced to forfeit their possessions and then incarcerated on the basis of military orders authorized by the president.

.. The real reason for the government’s deplorable treatment of Japanese Americans was not acts of espionage but rather a baseless perception of disloyalty grounded in racial stereotypes

.. When President Trump used questionable evidence to issue executive orders last year banning immigration from predominantly Muslim countries, I heard the same kind of stereotypes that targeted the Japanese-Americans in World War II being used against Muslims.

.. we implored the court to repudiate its decisions in those cases while affirming their greater legacy: Blind deference to the executive branch, even in areas in which the president must wield wide discretion, is incompatible with the protection of fundamental freedoms.

.. But the court’s repudiation of the Korematsu decision tells only half the story. Although it correctly rejected the abhorrent race-based relocation and incarceration of Japanese Americans, it failed to recognize — and reject — the rationale that led to that infamous decision. In fact, the Supreme Court indicated that the reason it addressed Korematsu was because the dissenting justices noted the “stark parallels between the reasoning of” the two cases.

.. the Supreme Court seemed to repeat the same bad logic of the 1940s decision by rubber stamping the Trump administration’s bald assertions that the “immigration travel ban” is justified by national security.

.. As Justice Sonia Sotomayor explained in her dissent

.. By blindly accepting the government’s misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the court redeploys the same dangerous logic underlying Korematsu and merely replaces one ‘gravely wrong’ decision with another.”

.. The court’s decision replaced one injustice with another nearly 75 years later.

Laura Bush: Separating children from their parents at the border ‘breaks my heart’

Our government should not be in the business of warehousing children in converted box stores or making plans to place them in tent cities in the desert outside of El Paso. These images are eerily reminiscent of the Japanese American internment camps of World War II, now considered to have been one of the most shameful episodes in U.S. history. We also know that this treatment inflicts trauma; interned Japanese have been two times as likely to suffer cardiovascular disease or die prematurely than those who were not interned.

.. People on all sides agree that our immigration system isn’t working, but the injustice of zero tolerance is not the answer.
.. . She reported that while there were beds, toys, crayons, a playground and diaper changes, the people working at the shelter had been instructed not to pick up or touch the children to comfort them. Imagine not being able to pick up a child who is not yet out of diapers.
.. Twenty-nine years ago, my mother-in-law, Barbara Bush, visited Grandma’s House, a home for children with HIV/AIDS in Washington. Back then, at the height of the HIV/AIDS crisis, the disease was a death sentence, and most babies born with it were considered “untouchables.” During her visit, Barbara — who was the first lady at the time — picked up a fussy, dying baby named Donovan and snuggled him against her shoulder to soothe him. My mother-in-law never viewed her embrace of that fragile child as courageous. She simply saw it as the right thing to do in a world that can be arbitrary, unkind and even cruel. She, who after the death of her 3-year-old daughter knew what it was to lose a child, believed that every child is deserving of human kindness, compassion and love.

In 2018, can we not as a nation find a kinder, more compassionate and more moral answer to this current crisis? I, for one, believe we can.

The Double Standard in the Progressive War against the Dead 

Will Progressives erase the history of their racist heroes, or only their racist enemies?

.. Much of the country has demanded the elimination of references to, and images of, people of the past — from Christopher Columbus to Robert E. Lee — who do not meet our evolving standards of probity. In some cases, such damnation may be understandable if done calmly and peacefully — and democratically, by a majority vote of elected representatives.

.. Few probably wish to see a statue in a public park honoring Confederate general Nathan Bedford Forrest, one of the founding members of the Ku Klux Klan, or Supreme Court Justice Roger B. Taney, who wrote the majority opinion in the racist Dred Scott decision that set the stage for the Civil War four years later.

But cleansing the past is a dangerous business. The wide liberal search for more enemies of the past may soon take progressives down hypocritical pathways they would prefer not to walk.

In the present climate of auditing the past, it is inevitable that Margaret Sanger’s Planned Parenthood will have to be disassociated from its founder. Sanger was an unapologetic racist and eugenicist who pushed abortion to reduce the nonwhite population.

.. Should we ask that Ruth Bader Ginsburg resign from the Supreme Court? Even with the benefit of 21st-century moral sensitivity, Ginsburg still managed to echo Sanger in a racist reference to abortion (“growth in populations that we don’t want to have too many of”).

Why did we ever mint a Susan B. Anthony dollar? The progressive suffragist once said, “I will cut off this right arm of mine before I will ever work or demand the ballot for the Negro and not the woman.”

Liberal icon and Supreme Court Justice Earl Warren pushed for the internment of Japanese Americans during World War II while he was California’s attorney general.

President Woodrow Wilson ensured that the Armed Forces were not integrated. He also segregated civil-service agencies. Why, then, does Princeton University still cling to its Woodrow Wilson School of Public and International Affairs? To honor a progressive who did a great deal of harm to African-American causes?

In the current logic, Klan membership certainly should be a disqualifier of public commemoration. Why are there public buildings and roads still dedicated to the late Democratic senator Robert Byrd, former “exalted cyclops” of his local Klan affiliate, who reportedly never shook his disgusting lifelong habit of using the N-word? Why is Supreme Court Justice Hugo Black, once a Klansman, in the 20th century, still honored as a progressive hero?

.. Are the supposedly oppressed exempt from charges of oppression? Farm-labor icon Cesar Chavez once sent union thugs to the border to physically bar U.S. entry to undocumented Mexican immigrants, whom he derided as “wetbacks” in a fashion that would today surely earn Chavez ostracism by progressives as a xenophobe.

.. What is the ultimate purpose of progressives condemning the past? Does toppling the statue of a Confederate general — without a referendum or a majority vote of an elected council — improve racial relations? Does renaming a bridge or building reduce unemployment in the inner city?

.. Does selectively warring against the illiberal past make us feel better about doing something symbolic when we cannot do something substantive? Or is it a sign of raw power and ego when activists force authorities to cave to their threats and remove images and names in the dead of night? Does damning the dead send a flashy signal of our superior virtue?

The Forgotten Government Plan to Round Up Muslims

In the ’80s, terror led the government to consider something far more extreme than Donald Trump’s ban.

For the first hour, the men discussed the mission their superiors had given them: How to make INS a high-functioning weapon in the Reagan administration’s new war on terror.

.. The memo begins with its summary recommendation: Banning incoming aliens from countries compromised by terrorism; deporting non-immigrant aliens through a section of the Immigration and Nationality Act relating to destruction of government property; rushing through new changes to the Code of Federal Regulations, and circumventing the typical rulemaking procedure to do so; expanding the legal definitions of international terrorism; and calling for intelligence-sharing to facilitate the deportations.

.. The INS’ multi-pronged proposals left little to the imagination, offering two options: a “general registry” and “limited targeting.” In its general registry scenario, the State Department would “invalidate the visas of all nonimmigrants” of the targeted nationalities, “using that as the first step to initiate a wholesale registry and processing procedure.”

.. And it recommended a holding facility in Oakdale, Louisiana, a camp that could “house and isolate” up to 5,000 aliens.

It requested $2 million to develop the 100 grassy acres adjacent to the Oakdale facility with tents and fence materials, which would allow the site to be active on four weeks’ notice.

.. What would happen if the Castro regime collapsed? According to officials at the Justice and Defense Departments, to handle that exodus would require converting some of the largest military installations in the South into mass alien detainment centers

.. The memo notes that an attempt to register en masse lawful aliens of mostly Arab countries is “replete with problems in that it indiscriminately lumps together individuals of widely differing political opinions solely on the basis of nationality.”

.. “They picked for arrest and deportation eight people who were essentially alien activists,” remembers Cole. “They sought to use classified evidence to detain them.

.. “To use a football analogy,” Odencrantz told them, “we don’t care how we score our touchdown, by pass or run. We just want to get them out of the country.”

.. in Los Angeles, the leak of a federal plan to target legal U.S. residents based on their nationality caught the attention of another group: The Japanese American Citizens League.

The organization, whose members carried the memory of the internment camps, came to the public aid of the LA Eight, attending press conferences and distributing flyers in their defense.

.. In 1942, as a 6-year-old, Mineta and his family joined the roughly 120,000 Japanese Americans who were detained and forced from their homes and behind the barbed wire of internment camps hundreds of miles away.

.. Nationally, roughly two-thirds of those interned were citizens. The rest were aliens legally residing in the U.S.

..“All I could think of was in 1942, having been forcibly evacuated and interned, we had to make our own mattresses,” Mineta says. “When we got off the train, the first thing we had to do was get this mattress ticking with hay and straw.

..Such ancillary ideas revive the one that never really disappears; it returns, it seems, every 30 or 40 years—from the Palmer Raids of 1919 to the camps of World War II, from the anxiety of the mid-1980s to the fear inherent in the 2016 race.

.. “This pattern repeats itself every time we face a crisis that creates fear,” he admonishes. “It’s easier to introduce these things if they’re targeted at foreign nationals than when they’re targeted at Americans. The government can say, ‘we’re talking away their liberties for your security.’”