Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Display:


'Sapere aude'
by Oui (Oui) on Tue Feb 2nd, 2021 at 06:54:16 AM EST
[ Parent ]
or California's commission (AB-3121) because that might evoke judiciabl grievances brought to Congress by descendants of US slaves, subjected to federal violations of the Alien Tort Act of 1789 and 300 years of apartheid crime in the several states.

What was the question?
Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

1944 Korematsu v. United States
6-3, "No"

1980 Commission on Wartime Relocation and Internment of Civilians, report and recommendations to the US Congress, 1983
notably, #3

remedy
1984 Korematsu v. United States, US District Court for the Northern District of California

A writ of coram nobis is an appropriate remedy by which the court can correct errors in criminal convictions where other remedies are not available.
[...]
The government has, however, while not confessing error, taken a position tantamount to a confession of error. It has eagerly moved to dismiss without acknowledging any specific reasons for dismissal other than that "there is no further usefulness to be served by conviction under a statute which has been soundly repudiated." (R.T. 13:20-22, November 10, 1983). In support of this statement, the government points out that in 1971, legislation was adopted requiring congressional action before an Executive Order such as Executive Order 9066 can ever be issued again; that in 1976, the statute under which petitioner was convicted was repealed; and that in 1976, all authority conferred by Executive Order 9066 was formally proclaimed terminated as of December 31, 1946. While these are compelling reasons for concluding that vacating the conviction is in the best interests of this petitioner, respondent and the public, the court declines the invitation of the government to treat this matter in the perfunctory and procedurally improper manner it has suggested.

On the other hand, this court agrees that it is not necessary to reopen the partially healed wounds of an earlier period in order to perform its role of conducting independent judicial review. Fortunately, there are few instances in our judicial history when courts have been called upon to undo such profound and publicly acknowledged injustice. Such extraordinary instances require extraordinary relief, and the court is not without power to redress its own errors.
[...]
The Commission found that military necessity did not warrant the exclusion and detention of ethnic Japanese. It concluded that "broad historical causes which shaped these decisions [exclusion and detention] *1417 were race prejudice, war hysteria and a failure of political leadership." As a result, "a grave injustice was done to American citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them, were excluded, removed and detained by the United States during World War II."

by Cat on Tue Feb 2nd, 2021 at 03:09:30 PM EST
[ Parent ]

Display:

Occasional Series