Speaking for Fred Korematsu, Stone tells the Supreme Court that, "in order to avoid repeating the mistakes of the past," it "should make clear in these cases that the United States respects fundamental constitutional and human rightseven in times of war."
"These cases," the Korematsu brief warned the president, the justices, and this nation, "present the Supreme Court with a direct test of whether it will meet its deepest constitutional responsibilities to uphold the law in a clear-eyed and courageous manner."
George W. Bush has failed that test. Will the Supreme Court give him and future presidents this loaded weapon against the Constitution?
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