POLSCI 319 Lecture Notes - Lecture 13: Ex Parte Endo, Korematsu V. United States, Due Process
24 Oct 2018
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9-0, but murphy originally wrote a dissent (partially because a lack of martial law) If they had declared martial law, he wouldn"t have argued about it. Frankfurter leaned on him and got him to agree. He says it"s about the corporate reputation of the court". He won"t allow more than the curfew. Also included the exclusion order, but justice stone didn"t want to deal with that because the exclusion would be more controversial. Stone really likes the curfew the president, congress, and the military all support it, they try to say it isn"t their job to assess threat. In light of facts and circumstances even though they distorted the facts and didn"t have the real/right facts. The president/military know that, we don"t know if the court knows. No question of martial law (would have caused panic, and wasn"t needed) Cites ozawa as evidence for non assimilated try to back up and assess the threat, substantiate the military threat.
