In Korematsu the Court gave a pass to an odious, gravely injurious racial classification authored by an Executive order and basically the Court invoked an ill-defined national security threat to justify an exclusionary policy in sweeping proportion.
Sotomayor criticized the Court's past decisions on racial classifications under national security.
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This Court has previously recognized that immigration statutes and procedures should not be construed to ‘create a perverse incentive to enter at an unlawful rather than a lawful location. Yet, the majority’s construction does exactly that.
More people will turn back and be subjected to violence because of something they cannot or should not have to change about themselves, such as their race, religion, nationality, or political opinion.
In addition to being wrong on the merits, the Court’s decision inflicts two grave harms on the public.
if we can opt out of even 'subtle' messages, chaos will reign and student learning will suffer.
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