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Military Curfew, Race-Based Internment, and Mr. Justice Rutledge
Authors:John M. Ferren
Affiliation:The District of Columbia Court of Appeals
Abstract:The story is well known. A few months after Pearl Harbor, a curfew was imposed on West Coast residents of Japanese ancestry, including American citizens. Then they were confined at internment camps around the country. This tragic episode continues to generate scrutiny, including three new books last year. 1 But there is at least one story, as yet untold, that will be of particular interest to students of the Supreme Court. Why did Justice Wiley Rutledge, the Court's newest member, who was known for his unyielding allegiance to civil liberties, join the majority in allowing internment?
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