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Military Curfew, Race‐Based Internment, and Mr. Justice Rutledge
Author(s) -
Ferren John M.
Publication year - 2003
Publication title -
journal of supreme court history
Language(s) - English
Resource type - Journals
eISSN - 1540-5818
pISSN - 1059-4329
DOI - 10.1111/1540-5818.00066
Subject(s) - curfew , supreme court , law , economic justice , allegiance , scrutiny , political science , civil liberties , criminology , innocence , sociology , history , politics , medicine , disease , pathology , covid-19 , infectious disease (medical specialty)
The story is well known. A few months after Pearl Harbor, a curfew was imposed on West Coast residents of Japanese ancestry, including American citizens. Then they were confined at internment camps around the country. This tragic episode continues to generate scrutiny, including three new books last year. 1 But there is at least one story, as yet untold, that will be of particular interest to students of the Supreme Court. Why did Justice Wiley Rutledge, the Court's newest member, who was known for his unyielding allegiance to civil liberties, join the majority in allowing internment?