Read Fn.8 of the dissent; Justice Moreno specifically references Justice Jackson's dissent in Korematsu, which pointed out how the Hirabayashi ruling was used as precedent to go from temporary curfews to internment camps, to explain why the "oh, it's just a little infringement, so it's only an amendment and not a revision" argument is so dangerous.
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branchandroot
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Date: 2009-05-27 06:08 am (UTC)