Korematsu Case News Today

Violated the law by seizing the steel mills. this is a time of war. a time of war where lots of americans were killed. the supreme court is under pressure to defer to the presidents war effort. in a 6-3 decision, whats interesting to me, justice clark, and we dont usually talk about him in the decision, but he was appointed by president truman to the supreme court. what a moment of judicial independence there, to rule in that case. you think about justice jackson, who had been working for presid...

Theres probably other things you dont need to go into detail, but you have president -- president bush appointed you. are there other cases that -- theres been other cases, presumably, youve ruled against the administration or the person that appointed you. >> absolutely, mr. chairman. there were a slew of cases on everything from freedom of information act to some of the administrative law cases. >> okay. >> the hamdan one comes to mind because of the importance of the case. i ruled it was unla...

Collegial judge, civil. i want, mr. chairman, the losing party, the losing party in every case to come out and say, kavanaugh gave me a fair shake. he was well prepared. he wrote a clear opinion. he explained everything. i disagree but at least i get it. so i want the losing party and i want both parties to walk out at oral argument and say he had an open mind, gave me a fair shake and i think i have tried that for 12 years. everything you do as a judge matters in terms of being a good judge. or...

Of their constituents care about. roe v. wade obviously is huge in addition to executive power and i would expect also this notion of just beyond the executive power related to donald trump, also how activist a judge is he going to be to unravel long-standing precedent on other issues, as well? theres an age discrimination case coming up before the court, for example, on whether states and localities, whether localities subject to age discrimination cases if they have 20 employees or fewer. thes...

The documents ahead of time, not dumped some night before and 100,000 pages withheld entirely because of executive privilege. theres a lot of i think unfortunate arguments being made by the republican senate right now. >> why doesnt brett kavanaugh interpret and say ill put them forth? theyre mine. transparency. >> i happen to see your twitter account yesterday. >> why not? >> and your pie in the sky hopes that someone would just launch a surprise into this carefully choreographed hearing. >> li...

Jacksons concurrence in youngstown which is, of course, what has become the law, that three-part category one, two, three, again, he writes the concurrence in youngstown. why is that a moment of judicial independence? hed taken positions contrary to that in the administration of roosevelt. he sees it differently as an independent judge. chief justice berger. united states versus nixon. writes the opinion, unanimous. moments of judicial independence. its resisting public pressure, political press...

As if youre making all the decisions, as i said yesterday, im joining a team of nine if i were fortunate enough to be confirmed and that means something. it means something in sports. it means something in judging. i have not been making decisions by myself. every case is in a panel of at least three judges and you learn from each other when youre deciding cases. you work with each other when youre deciding cases. and so, having c [ shouting ] thats very important. because those great moments th...

Let these people have free speech and interrupt the other 300 million people listening. this is your opportunity to speak to the american people. let them make a judge about it. if they want to affect what the ore other 300 million people hear from you, its too bad. you proceed now. >> homdon is one of bin ladens associates before 9/11. he is prosecuted before a military commission. signature prosecution of the bush administration. comes to the d.c. circuit. i write the opinion, saying its uncon...

>> pete, one further quick question and that is, is it too simplistic to frame this as some of the democrats have that the president has selected a judge for a period of time, perhaps months from now, when he will be judged for what has taken place in office? >> no. i dont think thats simplistic at all. i think thats something to ask him about. theyre going to ask him if, for example, you know, yes, the president nominated him. hes beholden to him. what will be his views toward the president if ...

Trouble ruling against a president who appointed you and against the executive branch in any case before you. you partly talked about independence but apply it specifically to a ruling against a president or the executive branch, generally. >> thank you, mr. chairman. to begin with, youre correct, no one is above the law in our constitutional system. federalist 69, hamilton, makes clear all the ways the executive bran branch as designed by the framers of the constitution was different from the m...