In this Article, Dean Erwin Chemerinsky makes three points.  First, he establishes the following criteria for assessing Supreme Court decisions: (1) social impact; (2) quality of the judgment’s crafting and reasoning; and (3) impact of the decision on the development of the law.  Next, he applies these criteria to Korematsu v. United States and finds that Korematsu stands as one of the worst Supreme Court decisions.  Chemerinsky highlights how 110,000 Japanese-Americans were unfairly incarcerated without due process or compensation.  In addition, Chemerinsky emphasizes how the Court erred in focusing solely on the ends that the government was seeking to achieve while ignoring the means.  Chemerinsky also explains how this pattern of restricting liberty in times of crisis existed throughout American history.  Chemerinsky concludes this Article by sharing a few important lessons: (1) no individual should ever be detained by the government without individualized suspicion that he or she has committed a crime; (2) the importance of remembering the role of race in decisions by government in American history; and (3) the Constitution should not be suspended in times of war or crisis.

 
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