Ultimately, this case will come down to O'Connor and Kennedy, and also to whether a case from 1950 is distinguishable from today's. Of course an awful lot has happened since 1950 that should lead us to fear any government claiming, without apology or qualification, that it should have an unfettered right to lock up anyone, anytime. Our views have evolved on this issue thanks, in part, to 84-year-old Fred Korematsu, whose detention as a Japanese-American young man during World War II should remind the court why the whim of the president, or the stroke of Congress' pen, cannot be a substitute for the wisdom of the Supreme Court.
TODAY IN SLATE
Smash and Grab
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This $25 cardboard box turns your phone into an incredibly fun virtual reality experience.