February 21, 2017
Milo Yiannopoulos, bomb throwing Breitbart News editor, was disinvited by the Conservative Political Action Conference for comments condoning pedophilia. Simon and Schuster immediately cancelled his lucrative book deal. At last we’ve found the limit of what the Right will tolerate and accept in their Big White Tent. White nationalism, Islamaphobia, anti-Black hatred, anti-Semitism, male supremacy, anti-immigrant policies, attacks on transgendered people—none of these were a bridge too far for CPAC or S and S or the dozens of college Republican clubs who invited him. “Free Speech!” they cried. “We’re not politically correct!” they chanted. But now it’s become clear that free speech was just a convenient smokescreen for the neofascist, “alt-right” forces. White supremacy and nationalism is the glue that holds it all together. And that’s what we reject and fight.
February 19, 2017
Remember that the US Supreme Court upheld the internment orders in Korematsu v. US., convicting US citizen Fred Korematsu for refusing to comply with the order. The Korematsu decision has long been viewed as one of the “ante-canon” landmarks of constitutional law, along with Dred Scott and Plessy v Ferguson. But it has never been overruled by the Supreme Court, so in a sense it lies in wait…
Korematsu’s conviction was finally overturned in 1998 by a California federal court that found that the Supreme Court decision was based on a fraudulent military report, and Clinton gave him a presidential medal of honor. The dissent of Robert Jackson (former chief US prosecutor in Nuremberg) in Korematsu is worth revisiting today:
“But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens. The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes. All who observe the work of courts are familiar with what Judge Cardozo described as “the tendency of a principle to expand itself to the limit of its logic.” [*] A military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates will be in its own image. Nothing better illustrates this danger than does the Court’s opinion in this case.”