NORTHWEST ASIAN WEEKLY
SEATTLE — Seattle University School of Law’s Korematsu Center for Law and Equality joined an amicus curiae group in filing a U.S. Supreme Court brief on April 5, supporting the challengers in the ongoing Muslim travel ban litigation. The amici include the Fred T. Korematsu Center for Law and Equality (Korematsu Center), the children of those who challenged orders that led to the mass incarceration of Japanese Americans during World War II, civil rights organizations, and national bar associations of color. Oral arguments will take place on April 25.
The “Presidential Proclamation” at issue is the third iteration of the Trump administration’s travel ban.
Opponents say it violates the Establishment Clause of the First Amendment, as well as the Immigration and Nationality Act. The amicus group wants the U.S. Supreme Court to review the Presidential Proclamation for violation of the Constitution.
In three wartime cases — Hirabayashi, Yasui, and Korematsu — the Supreme Court chose to defer to the president and the military in times of war, rather than on individual determinations of guilt or innocence. The brief argues that “Hirabayashi, Yasui, and Korematsu are powerful reminders not only of the need for constant vigilance in protecting our fundamental values, but also of the essential role of the courts as a check on abuses of government power, especially during times of national and international stress.”
Professor Robert S. Chang, executive director of the Korematsu Center, said, “When Gordon Hirabayashi, Minori Yasui, and Fred Korematsu stood before the Supreme Court to defend the fundamental freedoms of our democracy, they did so largely alone. Today, I’m proud to stand with Jay Hirabayashi, Holly Yasui, and Karen Korematsu and this coalition of civil rights organizations and bar associations of color, representing thousands of lawyers.”
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