Korematsu, Travel Bans, and Resisting History’s “Gravely Wrong” Injustices as They Happen

On February 19, 1942, the White House issued Executive Order 9066 which led to the forcible detention, removal, and incarceration (see JACL’s Power of Words) of 120,000 Japanese and Japanese American citizens in hastily-erected detention centers and concentration camps. Assumed (without evidence) to be Japanese spies, Japanese American men, women, and children were imprisoned without due process behind barbed wire fences. There, entire families were crammed into single-room shacks and held at gunpoint in some of America’s bleakest and most desolate landscapes for over four years.

Fred Korematsu was one of a handful of Japanese Americans who courageously defied Executive Order 9066. Refusing to obey the order that he join other Japanese Americans in reporting for forcible relocation, Korematsu instead went on the run. When he was eventually arrested and charged with refusing the military’s relocation order, Korematsu challenged the constitutionality of Japanese American incarceration. That case – Korematsu v. United States – was found against Fred Korematsu, and it would go on to become a landmark Supreme Court decision; moreover, it would be one decision that most legal scholars now agree was decided in error.

Indeed, earlier this month, the Supreme Court of the United States issued a rare rebuke of its 1944 decision against Korematsu. In the Trump v. Hawaii majority decision, Chief Justice John Roberts said that “Korematsu was gravely wrong the day it was decided,” and invoked the dissent penned by Justice Robert Jackson wherein he described Japanese American incarceration as having “no place in law under the Constitu­tion.”

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Why NIFLA v. Becerra is a Watershed Moment for Women of Color

The U.S. Supreme Court building.

By Guest Contributor: Sung Yeon Choimorrow, Executive Director, NAPAWF

This week, as the Supreme Court begins hearing NIFLA v. Becerra, we need to remember what is at stake. This is a case that could redefine public accountability for organizations that provide false information or mislead women about their reproductive health options under the guise of religious freedom.

For years, fake women’s health centers have exploited women by masquerading as real health clinics, often locating next to real clinics, adopting nearly identical names, and even clothing their non-medical staff in scrubs – all to give the impression of being accredited health providers. The plaintiff in the case now before the Supreme Court, the National Institute of Family and Life Advocates (NIFLA), joins these fake women’s health centers in trying to overturn the Reproductive FACT Act – a commonsense California law which requires these storefront operations to explain that they are not a licensed medical facility and provide information on how to find one.

This law was enacted to curb the harm caused by fake health centers and reduce the delays in getting real care that women experience when they are duped by these blame-and-shame tactics. Women need accurate information about their options when it comes to pregnancy and family planning – not politically-motivated shame, coercion, or misinformation. We need to expose the truth about these fake centers before their lies endanger the health and safety of any more pregnant women – especially low-income pregnant women, women of color, and immigrants.

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Families of Plaintiffs in Iconic SCOTUS Japanese American Incarceration Cases File Joint Brief Against Trump Muslim Ban

Gordon Hirabayashi, Minoru Yasui and Fred Korematsu in a photograph taken in 1983. (Photo credit: copyrighted Bob Hsiang Photography. Please direct any requests for photo usage directly to Mr. Hsiang.)

In an historic move, the families of Gordon Hirabayashi, Minoru Yasui, and Fred Korematsu  — the three men behind three landmark Supreme Court cases that challenged the constitutionality of Japanese American incarceration (JACL’s Power of Words) — filed a joint amicus brief to the Supreme Court yesterday paralleling President Donald Trump’s Muslim ban with the forcible imprisonment of Japanese Americans in camps during World War II.

In 1942, Gordon Hirabayashi and Minoru Yasui filed separate Supreme Court cases challenging the constitutionality of a federally-imposed curfew on Japanese Americans, a precursor to removal orders that led to the World War II incarceration of Japanese American citizens. That same year, Fred Korematsu was arrested after he refused to report for removal and relocation orders, and his appeal of that arrest formed the basis of his Supreme Court challenge of Executive Order 9066. These three cases — along with the Ex Parte Endo decision — form the bulk of the Supreme Court case history on federal targeting of specific racial or ethnic minority groups under the auspices of national security.

One need not try too hard to see the relevance of this case history on today’s fight to stop Trump’s attempt Muslim travel ban.

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Slants Win Supreme Court Case Against US Patent and Trademark Office

Asian American rock band, The Slants.

In a ruling handed down this morning, the US Supreme Court unanimously sided with Asian American rock band “The Slants” against the U.S. Patent and Trademark Office. The Slants had sought to register their band’s name as a trademark, but was denied  the mark under guidelines outlined in the 1946 Lanham Act, which prohibits the registration of any mark that might be deemed offensive or disparaging.

The Slants took issue with the US Patent and Trademark Office’s ruling, saying that their band name was not offensive, and was instead an effort to reclaim a racial or ethnic slur to empower the Asian American community.

However, The Slants’ legal battle to challenge the Lanham Act’s disparagement clause is of particular political relevance, as the clause also represents a significant legal basis for the Native American community’s protest of the “Washington Redskins”‘ name and trademark.

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BREAKING: Asian American Students File to Join Harvard Lawsuit and Defend Affirmative Action

Nicole Gon Ochi, Supervising Attorney of Advancing Justice - LA, speaks at a press conference on December 13, 2016. (Photo credit: Facebook / AAAJ-LA)
Nicole Gon Ochi, Supervising Attorney of Advancing Justice – LA, speaks at a press conference on December 13, 2016. (Photo credit: Facebook / AAAJ-LA)

Advancing Justice – Los Angeles (AAAJ-LA) held a press conference moments ago to announce that lawyers with the group will represent two Asian American & Pacific Islander (AAPI) high school students who wish to present their support of race-conscious affirmative action admission before the Supreme Court if and when the justices hear arguments next year about an anti-affirmative action lawsuit filed against the school by Edward Blum, the architect behind Abigail Fisher’s earlier failed attempts to dismantle affirmative action before the Court.

The two AAPI high school students represented by AAAJ-LA are current applicants to Harvard University, and both believe that race-conscious affirmative action is beneficial; AAAJ-LA filed paperwork yesterday to help the students join an existing group of diverse students who will have “amicus plus” status to present their support for affirmative action in a pending anti-affirmative action case, Students for Fair Admissions, Inc v. President and Fellows of Harvard College.

In the Students for Fair Admissions case, lobbyist Edward Blum specifically recruited disgruntled Asian American students to serve as the next Abigail Fisher, in hopes of weaponizing a stereotyped, Model Minority Myth narrative of Asian Americans against other students of colour. Blum’s lawsuit alleging bias at Harvard was ultimately consolidated around the case of a still-unnamed Chinese American woman.

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