Thursday, August 09, 2018

How Trump v. Hawaii Will Be Overturned

Leah Litman has a good essay up on Trump v. Hawaii and Korematsu. Litman persuasively demonstrates how the former is a continuation of the latter's legacy (despite the majority's attempt to disavow the connection), and in that respect it makes for a maddening read. But the good news is that, as Litman further argues, part of Korematsu's legacy is that it became part of the anti-canon and eventually overturned -- and that, she predicts, will be Trump's fate as well.

I agree with Litman on this front, and for me the only question is when. But my true fantasy -- which I doubt will come true but dreams are dreams -- is that Trump be overturned and disavowed while members of the majority (especially Roberts) remain on the Court.

They deserve that. They deserve to have to sit there are watch as their opinion is relegated to history's dustbin. If there's justice in the world, they will be there the day Trump v. Hawaii finishes Korematsu's arc.

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