RE: Radical Suggestions

From: Robert J. Bradbury (bradbury@aeiveos.com)
Date: Sun Jul 27 2003 - 14:47:56 MDT

  • Next message: Lee Corbin: "RE: Do Asians and Westerners Think Differently? -> Sapir-Whorf hypothesis ?"

    On Sun, 27 Jul 2003, Mike Lorrey wrote:

    > Or is it the one from 1939 that no court can seem to interpret
    > consistently (US v Miller) in which the Justice Dept is documented to
    > have lied three times in their arguments before the court? Or is it US
    > v Emerson, where the Justice Department under Clinton lied and argued
    > contrary to the overwhelming weight of legal scholarship?

    Just to clarify, it would seem that the original case is
    Korematsu v. United States (1944), e.g.
      http://usinfo.state.gov/usa/infousa/facts/democrac/65.htm
    but google will turn up lots of other references.

    The PBS special documented that the Justice Dept. presented
    disproven/conflicted evidence to the Supreme Court. The
    lawyers involved in the appeal (in the 1980's I think)
    got the verdicts reversed on a very legal technicality.
    Interestingly, Clinton actually awarded Korematsu a
    medal apparently for being an American hero (one would
    presume in the line of people like Martin Luther King --
    people willing to fight to correct injustice).

    But the program suggested that the Supreme Court ruling
    still stands -- i.e. on the basis of "race" or some other
    classification scheme (say one lives in New Hampshire
    or one was decended from a criminal sent to Austalia,
    or one happened to like eating lutefish) one could be
    hauled off and "imprisoned" without due process.

    Robert



    This archive was generated by hypermail 2.1.5 : Sun Jul 27 2003 - 14:58:39 MDT