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Context of '1944: Supreme Court Upholds Order Forcing Japanese-Americans into Internment Camps'

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Franklin D. Roosevelt ushers in a massive expansion and reorganization of the federal government under his “New Deal,” in an attempt to counter the lasting effects of the Great Depression that began in 1929. Passed by Congress, the New Deal legislation greatly expands the federal bureaucracy (see September 8, 1939), and gives sweeping new powers over domestic issues to agencies contained within the executive branch and not always subject to Congressional oversight. The Supreme Court rules that many of these actions are unconstitutional, but when Roosevelt threatens to “pack” the Court by expanding its size and then appointing sympathizers to vote his way, the Court capitulates and upholds the New Deal legislation. In 2009, reporter and author Charlie Savage will write that the Court’s decision “enabl[ed] the rise of the modern administrative state inside the executive branch.” [Savage, 2007, pp. 18]

Entity Tags: Charlie Savage, Franklin Delano Roosevelt

Timeline Tags: Civil Liberties

The US Supreme Court upholds by a 6-3 vote the legitimacy of Executive Order 9066 issued by President Franklin Roosevelt on February 19, 1942 that mandated all Americans of Japanese heritage to report to internment camps during World War II. Writing for the Court in the case of Korematsu v. United States, Justice Hugo Black finds that an executive order based on race is “suspect,” but says that the “emergency circumstances” of wartime make the order necessary and constitutional. Forty-four years later, in 1988, Congress will formally apologize and issue monetary reparations to Japanese-American families who had been forced into the camps. [PBS, 12/2006; Los Angeles Times, 5/24/2011] In 2011, acting Solicitor General Neal Katyal will state that his predecessor during the case, Charles Fahy, deliberately hid evidence from the Court that concluded Japanese-Americans posed no security or military threat. The report from the Office of Naval Intelligence (ONI) found that no evidence of Japanese-American disloyalty existed, and that no Japanese-Americans had acted as spies or had signaled enemy submarines, as some at the time believed. Katyal will say that he has a “duty of absolute candor in our representations to the Court.” Katyal will say that two government lawyers informed Fahy he was engaging in “suppression of evidence,” but Fahy refused to give the report to the Court. Instead, Fahy told the Court that the forced internment of Japanese-Americans was a “military necessity.” Fahy’s arguments swayed the Court’s opinion, Katyal will state. “It seemed obvious to me we had made a mistake. The duty of candor wasn’t met,” Katyal will say. [Los Angeles Times, 5/24/2011]

Entity Tags: Neal Katyal, Office of Naval Intelligence, US Supreme Court, Charles Fahy, Franklin Delano Roosevelt, Hugo Black

Timeline Tags: Civil Liberties

Neal Katyal.Neal Katyal. [Source: PBS]Georgetown law professor Neal Katyal is to be named the Justice Department’s deputy solicitor general. Katyal successfully argued for the defense in the landmark Hamdan v. Rumsfeld trial before the Supreme Court (see June 30, 2006). Legal Times reporter Joe Palazzolo writes, “Katyal’s appointment is another strong signal of President-elect Barack Obama’s intentions to depart sharply from the terrorist detention and interrogation policies of the Bush administration.” The Hamdan case, “which marked Katyal’s first appearance before the high court, was a stinging rebuke to [President Bush’s] broad assertion of wartime power.” Katyal’s boss, Harvard Law School dean Elena Kagan, was named earlier in the month. Katyal was incoming Attorney General Eric Holder’s national security adviser in the Justice Department from 1998 to 1999, when Holder was deputy attorney general for the Clinton administration. Katyal also served as one of the co-counsels for Vice President Gore in the Supreme Court election dispute of December 2000. He once clerked for Supreme Court Justice Stephen Breyer. [Legal Times, 1/17/2009]

Entity Tags: US Department of Justice, Elena Kagan, Neal Katyal, Joe Palazzolo

Timeline Tags: Torture of US Captives, Civil Liberties

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