[Ed. – He says wartime exigencies may produce another SCOTUS ruling like Korematsu v. United States.]
Justice Antonin Scalia predicts that the Supreme Court will eventually authorize another a wartime abuse of civil rights such as the internment camps for Japanese-Americans during World War II.
“You are kidding yourself if you think the same thing will not happen again,” Scalia told the University of Hawaii law school while discussing Korematsu v. United States, the ruling in which the court gave its imprimatur to the internment camps.
The local Associated Press report quotes Scalia as using a Latin phrase that means “in times of war, the laws fall silent,” to explain why the court erred in that decision and will do so again.
“That’s what was going on — the panic about the war and the invasion of the Pacific and whatnot,” Scalia said. “That’s what happens. It was wrong, but I would not be surprised to see it happen again, in time of war. It’s no justification but it is the reality.”