Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Cboldt
By the way, wasn't there a lower-court ruling in the '80s that went against Korematsu?
461 posted on 12/28/2005 7:40:46 AM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
[ Post Reply | Private Reply | To 450 | View Replies ]


To: inquest
By the way, wasn't there a lower-court ruling in the '80s that went against Korematsu?

The system is designed so that a lower court commits error if it does not follow the holding of superior law, and in the US, SCOTUS decisions are near or at the very top of the "superior law" pile. I doubt there was a case that literally "went against" the result of Korematsu, although there may be citations that describe why Korematsu is not applicable to the situation the lower court was facing, etc.

There may also be SCOTUS opinions that water down the original law of Korematsu. I don't know the lay of that land. In fact, I was surprized when I read Korematsu that it expressly did NOT address the constitutionality of internment.

466 posted on 12/28/2005 9:35:07 AM PST by Cboldt
[ Post Reply | Private Reply | To 461 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson