In a way, it's a cruel joke that the majority used yesterday's decision to officially overturn the Korematsu v. United States decision of 1944 that upheld the government's right to intern Japanese Americans in concentration camps. While this was a welcome and long-overdue step, it's also a way for the conservative majority to attempt to wash its hands, Pilate-like, of the consequences of asserting that current and future presidents have the power to keep members of a disfavored group out of the country if they simply massage the language of their executive orders and proclamations sufficiently. As Justice Sotomayor argued in her dissent, it "merely replaces one gravely wrong decision with another." It's a slippery slope that risks pointing us backwards towards our shameful past, in which the high court long upheld the constitutionality of slavery, Jim Crow laws, the Chinese Exclusion Act, many grievous harms to Native American people and communities, and other horrors, all of which we rightfully recognize today as counter to the principles of the Constitution and the tenets of Christian faith.
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