Scalia: Decision upholding Japanese-American internment was ‘wrong,’ but internment can happen again - Strange Bedfellows — Politics News

“That’s what was going on — the panic about the war and the invasion of the Pacific and whatnot,” said Scalia. “That’s what happens. It was wrong, but I would not be surprised to see it happen again, in time of war. It’s no justification, but it is reality.”

Absolutely right, just look at the measures enacted by executive order by Lincoln or the various secrecy laws under Wilson. Or the Patriot Act under Bush and modified somewhat by Obama, but not abolish.

Presidents will use whatever power we let them get away with. And they will fight every attempt to reign in their executive power.

Patriot Act is a good example. I'm surprised Scalia didn't reference it. However, don't the pay Supreme Court justices to have a longer view than just at the moment?

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1985 300TD 185k+
1984 307d 126k--sold 8/03
1985 409d 65k--sold 06
1984 300SD 315k--daughter's car
1979 300SD 122k--sold 2/11
1999 Fuso FG Expedition Camper
1993 GMC Sierra 6.5 TD 4x4
1982 Bluebird Wanderlodge CAT 3208--Sold 2/13

Consider it a warning. The Feds are ready to take on the citizens. Hell, the cops are loaded with ex-military equipment to help out the Feds. And some people want gun control. Yeesh.

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- Brian


1989 500SEL Euro
1966 250SE Cabriolet
1958 BMW Isetta 600

It's quite interesting to see which states have highly militarized police forces. Mexico is a prime example of a para-military police force; however, at times it seems we're not far behind.

It's scary to think that a "healthy" democracy would need such coercion to maintain control. It may be a sign that our democracy and/or economic system is not as robust as we seem to believe.

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From the article







A 1944 U.S. Supreme Court decision, which upheld sending 100,000 Japanese-Americans to internment camps, was “wrong” but very likely will happen again in wartime, according to U.S. Supreme Court Justice Antonin Scalia.

Scalia was teaching a class at the University of Hawaii when he was asked about the case of Korematsu v. the United States , a ruling in which two liberal giants, Supreme Court Justices Hugo Black and William O. Douglas, voted for internment.

U.S. Supreme Court Justice Antonin "Nino" Scalia describes Voting Rights Act as a "racial entitlement"
U.S. Supreme Court Justice Antonin “Nino” Scalia. Internment of Japanese Americans was “wrong” but laws fall silent in wartime.

“Well, of course, Korematsu was wrong,” said Scalia. ”And I think we have repudiated in a later case. But you are kidding yourself if you think the same thing will not happen again.”


He wasn't even on the bench when he said that;

It's not a legal decision, or even a dissent. And it really isn't even dictum.

Just his personal opinion, voiced outside of Court..

Nothing to see here, everybody move along, it's all over.

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1991 560 SEC AMG, 199k <---- 300 hp 10:1 ECE euro HV ...

1995 E 420, 170k "The Red Plum" (sold)

2015 BMW 535i xdrive awd Stage 1 DINAN, 6k, <----364 hp

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2013 Jaguar XF, 20k <----340 hp Supercharged, All Wheel Drive (sold)

You missed the pertinent part of the comment; this from a source whose opinion is not to be brushed off lightly. Contrarily, his opinion in his judicial capacity is TREMENDOUS and HISTORIC. We're not quoting George Clooney here...

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- Brian


1989 500SEL Euro
1966 250SE Cabriolet
1958 BMW Isetta 600

Holy crap, Scalia had a sex change? I never would have guessed it. I thought he was straight as an arrow.

__________________
1977 300d 70k--sold 08
1985 300TD 185k+
1984 307d 126k--sold 8/03
1985 409d 65k--sold 06
1984 300SD 315k--daughter's car
1979 300SD 122k--sold 2/11
1999 Fuso FG Expedition Camper
1993 GMC Sierra 6.5 TD 4x4
1982 Bluebird Wanderlodge CAT 3208--Sold 2/13

Oops. Corrected.

__________________
- Brian


1989 500SEL Euro
1966 250SE Cabriolet
1958 BMW Isetta 600

Re-read what was said

From the article







A 1944 U.S. Supreme Court decision, which upheld sending 100,000 Japanese-Americans to internment camps, was “wrong” but very likely will happen again in wartime, according to U.S. Supreme Court Justice Antonin Scalia.

Scalia was teaching a class at the University of Hawaii when he was asked about the case of Korematsu v. the United States , a ruling in which two liberal giants, Supreme Court Justices Hugo Black and William O. Douglas, voted for internment.

U.S. Supreme Court Justice Antonin "Nino" Scalia describes Voting Rights Act as a "racial entitlement"
U.S. Supreme Court Justice Antonin “Nino” Scalia. Internment of Japanese Americans was “wrong” but laws fall silent in wartime.

“Well, of course, Korematsu was wrong,” said Scalia. ”And I think we have repudiated in a later case. But you are kidding yourself if you think the same thing will not happen again.”


He wasn't even on the bench when he said that;

It's not a legal decision, or even a dissent. And it really isn't even dictum.

Just his personal opinion, voiced outside of Court..

Nothing to see here, everybody move along, it's all over.


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I don't agree with that remark.

This is his PERSONAL opinion, expressed off the record and outside of Court At best it may show how his mind works and you could speculate and extrapolate how he might render some legal decision, from that, but as things stand, that is mere speculation. And further, He himself is speculating i

Maybe YOU think it is worthy of genuflection but I don't, with his actual remark.

I don't think - in that context, speaking off the cuff, it is worth anything more than his personal opinion about what kind of garden hose to buy at Home Depot or who will win next year's Super Bowl.

If you choose to think he is some kind of Demi-God or something, that is fine with me, but I don't care to put him up on a pedestal..

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1991 560 SEC AMG, 199k <---- 300 hp 10:1 ECE euro HV ...

1995 E 420, 170k "The Red Plum" (sold)

2015 BMW 535i xdrive awd Stage 1 DINAN, 6k, <----364 hp

1967 Mercury Cougar, 49k

2013 Jaguar XF, 20k <----340 hp Supercharged, All Wheel Drive (sold)

Possible the subject has been broached at work?
Government has gone out of its way to 'make space available' for such contingencies.

I don't understand why Scalia's comment is newsworthy. Does anyone here disagree with what he said?

This is not to say that out-of-court statements by justices are never newsworthy. This particular statement, though, doesn't seem controversial at all.

Its a big problem, police need to stop getting so militarized.


NYC is pretty much a police state, I don't think even the Soviets at their height can compare to the NYPD.

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Seriously? Are you seeing critics of the government in NYC being arrested and sent to gulags? Seems like that would have made the news. I guess NYC's police are really, really secret.

Joint State Political Directorate - Wikipedia, the free encyclopedia

His statement, that governments will trample on people's rights without legal justification in times of war, is troubling. It means that "national security" will always trump constitutional rights. Rounding up and incarcerating people based on race is a tragic part of American history and Justice Scalia essentially says it will continue to happen and the courts will not act to protect the people until after the threat is gone.