[general_re]

...Korematsu, which made Mark Levin's shortlist of 'activst' decisions despite the fact that it involved the SCOTUS upholding a probably-unconstitutional executive order from FDR.

You're kidding, I hope. Levin really wrote that? Yearrrgghhh.

[OhioAttorney]

You're kidding, I hope. Levin really wrote that? Yearrrgghhh.

No, I'm not kidding; it's one of the four examples he gives early on in Men in Black so that we'll all know what he's talking about. (Another is Plessy v. Ferguson, by the way, so feel free to Yearrrgghhh again.)

What's even funnier is that toward the end of the book, he comments favorably on FDR's court-packing plan as a way to keep the judiciary under control. I guess he either didn't notice or didn't care that Korematsu was the sort of decision that resulted.