Protesters hold signs opposing Brett Kavanaugh's confirmation to the Supreme Court of the United States in New York on July 10, 2018. (Photo credit: AP / Seth Wenig)
By Guest Contributor: Sung Yeon Choimorrow (Executive Director, NAPAWF)
One year after the confirmation of Brett Kavanaugh to the Supreme
Court, women of color, our families, and our communities are still under
attack. This time last year, more than 100 women and people of color from all
over the country traveled to Washington, DC to voice our strong opposition to
Kavanaugh at the first-ever Reproductive Justice Day of Action. We showed our
collective power in the halls of Congress to fight Kavanaugh’s nomination
because we knew it would exacerbate the decades-long degradation of our rights
and disregard for our lives, our families, and communities.
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.”
By Guest Contributor: Sung Yeon Choimorrow, Executive Director, NAPAWF, Author at HMHB
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.
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.
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.
