ON THIS DAY IN 2005, Fred Korematsu died after a long and full life. He lost his famous lawsuit in the Supreme Court, but he eventually won in the court of public opinion. In Justice Robert Jackson’s dissent to Korematsu v. United States, he acknowledged that courts should ordinarily avoid second guessing military decisions, but nevertheless wrote:
Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived. […] [H]is crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock. Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one’s antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign.
Anyway, what could be more American than suing the pants off the federal government for a breach of your civil rights?