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Blog Statement

Using Korematsu to Reverse Roe v. Wade is Intellectually Dishonest:

A Statement from Legal Teams Challenging World War II Japanese American Incarceration Cases

As members of the legal teams that challenged the World War II U.S. Supreme Court cases upholding the removal of Japanese Americans from the West Coast, we are compelled to speak out about the Dobbs v. Jackson Women’s Health Organization leaked opinion and the use of Korematsu v. United States to justify overruling a major civil rights case, Roe v. Wade. Below is our statement.

Korematsu cannot be used to jusity reversing Roe

ENOUGH. We will NOT be used.

Justice Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization seeks to justify overturning Roe v. Wade on grounds that “Roe was egregiously wrong (emphasis added) from the start” in the same vein as two other notorious Supreme Court decisions upholding blatant racial discrimination, Korematsu v. United States and Plessy v. Ferguson. The leaked draft references a past concurring opinion by Justice Kavanaugh in which he stated that the Korematsu v. United States decision (1944) was discredited because it was egregiously wrong when decided. However, citing to cases discredited for their blatant racially discriminatory underpinnings to justify reversing Roe v. Wade is intellectually dishonest and a mischaracterization of the essence of both cases.

Read the full statement