
Korematsu v. United States
5-4
00:00
Justice Jackson's Dissenting Dissent Is a Relic of the Times
Murphy: The majority tries to deny that this is like racial in nature. Murphy, I think really skewers them because he points out that the military's justification for exclusion was sat mainly upon questionable racial and sociological grounds. Justice Jackson puts in another dissent, which is sort of an odd one. He essentially says that courts don't have a real jurisdiction here but would not be willing to ratify an unconstitutional order.
Transcript
Play full episode