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July 12, 2006

William O. Douglas Reflects on Hirabayashi, Korematsu, and Endo

H
ere is a very interesting interview of Justice William O. Douglas on his recollections (in May of 1962) of the Supreme Court's internal politics in the Hirabayashi, Korematsu, and Endo cases.

One tidbit is of relevance to the discussion that Kim Roosevelt has been leading here: Douglas's recollection is the Hugo Black was the most gung-ho on the Court for upholding the military orders in both Hirabayashi and Korematsu. Kim has speculated that Black ought to have been on the fence, and might have been led to vote against the government by some slight alterations in the government's factual presentation. Douglas's account tends to suggest otherwise. (Indeed, Black even voted to deny cert in Korematsu entirely, according to Douglas.)

Posted by Eric at July 12, 2006 8:32 AM

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