The Yale Law Journal


Korematsu in the Court of History: Seventy-Five Years Later

2019 marks seventy-five years since the Supreme Court handed down its opinion in Korematsu v. United States. This Collection examines Korematsu's legacy for national security law, race, and equal protection, and explores what Korematsu means today in light of its formal overruling in Trump v. Hawaii.


Is Korematsu Good Law?

Jamal Greene

This Essay argues that the Supreme Court’s claim to overrule Korematsu in Hawaii is both empty and grotesque. It argues that a decision to overrule a prior case is not meaningful unless it specifies which propositions it is disavowing, and Hawaii’s emptiness means to conceal its disturbing affinity …


Trump v. Hawaii: How the Supreme Court Simultaneously Overturned and Revived Korematsu

Neal Kumar Katyal

This Essay compares the Supreme Court’s decision to uphold President Trump’s travel ban to the Court’s decision nearly seventy-five years ago to affirm the internment of Japanese Americans in Korematsu. It argues that while Hawaii v. Trump formally overturned Korematsu, it essentially recreated the …


This Is (Not) Who We Are: Korematsu, Constitutional Interpretation, and National Identity

Mari J. Matsuda

Asserting the continued usefulness of legal claims, this Essay asks a critical question: what would it really take to overturn Korematsu and end structures of subordination? It argues that a true overruling of Korematsu requires a generative interpretation of our Constitution to uphold the inherent …


Masquerading Behind a Facade of National Security

Eric K. Yamamoto & Rachel Oyama

What will happen when those discriminated against in the name of national security turn to the courts for legal protection? This Essay refracts this question through the lens of Korematsu, examining how courts will—and should—respond to the dual needs to promote national security and protect fundame…