[colorado tanker]

I made a quick perusal of the opinion you linked, and I tend to agree that the dissents had the better arguments. It's a shame because it seems to me a lot of Japanese war criminals were not prosecuted. That should have been the priority over this flimsy one.

Interestingly, Justice Murphy also dissented in Koramatsu, the case finding the Japanese internment constitutional.

[PeterPrinciple]

it seems to me a lot of Japanese war criminals were not prosecuted.

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Notice how much he is in the news? The one reference talked about how much the Filipinos hated him. The Japanese used him a lot in their propaganda.

MacArthur probably said it best, “He talks too much.” (and got noticed)

[henkster]

If Justice Murphy was on the Supreme Court today. FReepers would hate him. Too liberal. However, sometimes I wonder about us. Murphy believed in standing up for the rights of the accused against the State which is the ultimate protection of individual liberty. But those conversations are for another time.

I agree that the really culpable Japanese leaders escaped justice (cough cough “Hirohoto” cough cough) and otherwise honorable scapegoats like Yamashota went under the bus. Well even in victory and retribution, there’s politics.