Detention of Terrorist Suspects

Mark Tushnet tushnet at LAW.GEORGETOWN.EDU
Thu Nov 29 09:03:46 PST 2001

In connection defending recently adopted practices by referring to a
combination of a distinction between race discrimination and national
origin discrimination with considerations of national security, some of
which are -- for reasons of national security -- undisclosed, and
recalling a posting shortly after September 11 that asked whether the
attacks should (or did) lead to rethinking judgments about the
correctness of prior decisions, what's the current view on Korematsu (a
question directed, of course, primarily at those who think that the
combined arguments I've referred to give substantial support to recently
adopted practices [where "give substantial support" does not mean
"clearly justify"])?
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