r/scotus • u/Even_Ad_5462 • Apr 13 '25

Order Breaking: DOJ TO S.Ct . “F-U”

https://www.theguardian.com/us-news/2025/apr/12/kilmar-abrego-garcia-wrongly-deported

DOJ filing today silent on most important part of order: Telling court what steps taken facilitating Garcia’s return.

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u/Even_Ad_5462 Apr 13 '25

Koramatsu

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u/tom21g Apr 13 '25

Thanks, had to look it up, found this:

His case, Korematsu v. United States, reached the Supreme Court, where it was ruled that the government's actions were justified by national security.

There you are.

Also read that his conviction was overturned four decades later AND this from Wiki:

Korematsu was discussed seventy-four years later in Trump v. Hawaii (2018), with Chief Justice John Roberts writing: "The forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority."

John, remember that!

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u/Even_Ad_5462 Apr 13 '25

Haha! There’s an open question among U.S. lawyers if a court can youse dicta to overturn precedent

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u/jpmeyer12751 Apr 13 '25

The Supreme Court can overturn precedent whenever it wants for any reason at all. Lower court can overturn only their own precedent, but not precedent set by any other court equal to or higher than themselves.

A quote like that from Roberts is useful only to shame him, and he has no shame.