Thursday, July 31, 2014         

 Print   Email   Comment | View 18 Comments   Most Popular   Save   Post   Retweet

Internments can happen again, Scalia warns

The longest-serving member of the U.S. Supreme Court talks at two isle schools

By Audrey McAvoy / Associated Press


U.S. Supreme Court Justice Antonin Scalia told law students at the University of Hawaii law school Monday that the nation's highest court was wrong to uphold the internment of Japa­nese-Americans during World War II but that he wouldn't be surprised if the court issued a similar ruling during a future conflict.

Scalia was responding to a question about the court's 1944 decision in Kore­ma­tsu v. United States, which upheld the convictions of Gordon Hira­ba­ya­shi and Fred Kore­ma­tsu for violating an order to report to an internment camp.

"Well, of course, Kore­ma­tsu was wrong. And I think we have repudiated in a later case. But you are kidding yourself if you think the same thing will not happen again," Scalia told students and faculty during a lunchtime question-and-answer session.

Scalia cited a Latin expression meaning "In times of war, the laws fall silent."

"That's what was going on — the panic about the war and the invasion of the Pacific and whatnot. That's what happens. It was wrong, but I would not be surprised to see it happen again, in time of war. It's no justification but it is the reality," he said.

Avi Soifer, the law school's dean, said he believed Scalia was suggesting people always have to be vigilant and that the law alone can't be trusted to provide protection.

Soifer said it was good to hear Scalia say the Kore­ma­tsu ruling was wrong, adding that the justice has been among those who have reined in the power of military commissions regardless of the administration.

"We do need a court that sometimes will say there are individual or group rights that are not being adequately protected by the democratic process," Soifer said.

Scalia was appointed to the nation's highest court in 1986, making him the longest-serving justice currently on the court.

The 77-year-old spoke after teaching a class. He didn't take questions from media.

Before appearing at the law school, Scalia held a "talk story" session with 54 St. Andrew's Priory juniors and seniors in the Queen Emma Library of the school's Kennedy Hall.

 Print   Email   Comment | View 18 Comments   Most Popular   Save   Post   Retweet

You must be subscribed to participate in discussions
By participating in online discussions you acknowledge that you have agreed to the TERMS OF SERVICE. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. Because only subscribers are allowed to comment, we have your personal information and are able to contact you. If your comments are inappropriate, you may receive a warning, and if you persist with such comments you may be banned from posting. To report comments that you believe do not follow our guidelines, email commentfeedback@staradvertiser.com.
Leave a comment

Please login to leave a comment.
kainalu wrote:
Yeah ... LED BY HIM! This guy is a disgrace to the SCOTUS.
on February 4,2014 | 11:35AM
Rite80 wrote:
Scalia was one of the five conservative justices who took the power of the vote away from the people and selected George W Bush as President of the United States.
on February 4,2014 | 12:22PM
saywhatyouthink wrote:
I think he's right. I could see the same thing happening again today with US based Muslim's under the right circumstances. Imagine America is at war with a Muslim country, then is attacked from within by Muslims living within the US.The government responds by locking them all up. Not so far fetched at all if you consider these people are willing to sacrifice themselves with suicide bombings to kill many innocent people in popular gathering places. All it would take is one or two of these before lawmakers start to consider doing the same thing we did in WW2. We wouldn't have much of a choice, the good of the many outweigh the good of a few.
on February 4,2014 | 08:48PM
kgolfinghawaii wrote:
This guy is the smartest guy on the SCOTUS, the embarrassments are Ginsburg, Breyer, Sotomayor and Kagan. Yes, all of the left wing nuts on the court that think the Constitution says something it doesn't and then say it doesn't say what it actually says.
on February 4,2014 | 12:11PM
hawaiiwalter wrote:
kgo...what world are you living in? This guy brings shame to us all. And so do you. It's always interesting to see people from the lunatic fringe express their thoughts but maybe it's time for you to come back to the real world.
on February 4,2014 | 03:45PM
Grimbold wrote:
Calling dis-agreeers lunatic is unfair fascism.
on February 4,2014 | 05:26PM
hawaiikone wrote:
You bring shame to yourself with a comment like that.
on February 4,2014 | 09:14PM
Mythman wrote:
Agree Scalia is the Man. Kagan and Soto are PC jokes on the rest of us. But they are of the correct gender and ethnicity. Which makes them legal scholars par excellence.
on February 4,2014 | 04:45PM
EducatedLocalBoy wrote:
kgolfing, you know nothing about law yet you speak. Concerning pure intellectual power, it's Kagan #1 with Sotomayor a close 2nd -- Sotomayor was a brilliant corporate lawyer with a Wall Street mega law firm before she became a judge. The fact that you call Sotomayor a left wing nut shows you know nothing about law and the S.Ct. The republican business oriented U.S. Senators loved Sotomayor because they knew that they could count on her to understand complex business law cases and to uphold traditional business law. The most mediocre (#9) is Thomas. Kennedy is probably the 2nd most mediocre (#8) with Alito 3rd from the bottom (#7). Scalia is 4th from the bottom (#6) Breyer is probably #3 with Roberts and Ginsberg tied for #4, although Roberts couldn't memorize a simple three line oath of office for the president said it wrong when swearing in Obama for his 1st term. In the evening, Roberts had to hold a semi-private 2nd swearing in using the proper words under the constitution, so that probably makes Robert slightly lower than Ginsberg.
on February 4,2014 | 11:47PM
SteveToo wrote:
After 9/11 I would have rounded up all the non-citizen muslims and shipped them back to where ever they came from. Shoots I all for doing it today along w/all the illegals that have come across the southern border.
on February 4,2014 | 05:11PM
Grimbold wrote:
Out with the illegals, we have enough unemployed people already, whose jobs they are stealing.
on February 4,2014 | 05:24PM
SteveToo wrote:
Sotomayor dosn't think it's "nice" to call illegals illegal. She likes undocumented better. What a looser.
on February 4,2014 | 05:12PM
Grimbold wrote:
The foul law despising people have invented the UNWORD undocumented to hide that we have over 10 million known foreign lawbreakers polluting our country.
on February 4,2014 | 05:22PM
Grimbold wrote:
Islamists are allowed to roam the country freely, abusing USA freedom . They should be interned. Islam unfitted to western culture, because their book opposes our freedom. StarAdvertiser and the mainstream media always censures this, hiding this truth.
on February 4,2014 | 05:19PM
saywhatyouthink wrote:
Wow ... so what do you really think Grim?
on February 4,2014 | 08:53PM
entrkn wrote:
Did anyone in the class suggest or demand that he retire...?
on February 4,2014 | 06:49PM
CriticalReader wrote:
Was Scalia warning or announcing?
on February 4,2014 | 09:35PM
kukaikid wrote:
chalk up another stupid scalia quote. what does it say about the law that he stands for?
on February 5,2014 | 04:03AM
Latest News/Updates
Political Radar
`Toss up’

Political Radar

Political Radar
Hilton; Plaza Club

Political Radar
Direct mail

Political Radar
Direct mail

Aperture Cafe
Ramadan #latergram