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Wisconsin Supreme Court justice compares stay-at-home order to Japanese internment

2 min read

I’m originally from Wisconsin, and I have to say I couldn’t be more embarrassed if I shit a giant kringle in the middle of Lambeau Field. 

As you may have heard, the (conservative) Wisconsin Supreme Court struck down Gov. Tony Evers’ stay-at-home order today, and they did it in style. In fact, Justice Rebecca Bradley, a Scott Walker appointee, compared the predicament of people who can’t go to Old Country Buffet to that of Japanese Americans imprisoned in internment camps during World War II.

Needless to say … This. Is. Nonsense.

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In case you can’t read that tweet, here’s the text:

¶72 In Korematsu v. United States, 323 U.S. 214 (1944),5 the United States Supreme Court professed to apply “the most rigid scrutiny” to the internment of Japanese-Americans during World WarII but nevertheless found the “assembling together and placing under guard all those of Japanese ancestry” in “assembly centers”to be constitutional based on “[p]ressing public necessity” and further rationalized this defilement of the Constitution because”the need for action was great, and time was short.” Id. at 216,221, 223-24. “Korematsu is one of the Supreme Court's most reviled decisions—a relic of the nation's dark past widely regarded as unlikely to be repeated.” Stephen Dycus, Requiem for Korematsu, 10 J. Nat'l Sec. L. & Pol'y 237 (2019). And thankfully so. Nonetheless, the public fear underlying this contemptible case is capable of pressuring jurists to misuse the constitution in other contexts:

Uh huh. Read it and weep.

This red-faced Badger is going to burrow into a hole and cry.

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