this case will go down in history as their korematsu.he idea of the analysis that justice sotomayor calls them out on, they skirt over the history. justice roberts has a little bit about what the animus was for president trump. he puts just enough in so he can't be called out for being n intellectually dishonest. just enough, but not enough to take it seriously. >> especially for someone who is not a lawyer, just a lay observer for these things. those of us who are not lawyers have been looking at the trump decision and its more radical policy proposals. it sort of seemed like the president's public remarks, talking about wanting to ban muslims from this country, the way he's justified other policies, the way he's talked about wanting no due process for immigrants, the way he's talked about lots of different things that have an impact on the way the court considers these policies, it seems like those public remarks by the president would hurt him in court, would mean that these policies were less likely to pass legal muster. now that the

>> obvious everybody hates korematsu and nice to see it overrud.he chief justice made the opinion for the court that there are significant differences beeen this cas and core maut is sue. koritatsu dealt with cens of the united states and here you are talking about people who are not citizens and not in the united states and the president has greatn discretio in that area. >> you clerked for justice kennedy. if we were to look bacnd look at his legacy, he has been progressive on some issues such as gay marriage yet conservative on others including gun rights.y how wouou describe his approach to the law? >> that's a good question. he doesn't fo neatly int the boxes most of the other justices often find themselves in. i would say has some libertarian instincts. examples you just gave are areab whereoth on the right and left side he voted to up hold individual a rights,nd that's something certainly near and dear to his heart. >> he came fromsa cramento. he was a california native. do you think his california upbringing helped to shapeow he views the l

fred korematsu brought that case, calling the internment order unconstitutional. in 74 years, the court has never explicitly overruled the korematsu decision until today. >>> this legal isn't ending, not just with the travel ban, but with the separation of families at the border. today california and 16 other states sued the federal government. the attorneys general say although the president signed an order to stop the practice, only six children have been reunited with their parents in the past week. at least 2,000 children and teenagers are still detained. and the pentagon is making plans to house at least 40,000 more people on military bases. now at least 50 of those migrant children are being held in california. two of those 50 right here in the bay . now, we mentioned the military bases that could serve as camps. the concord naval weapons station could be one of those camps. nbc bay area's jodi hernandez is in concord where it's expected to be a busy night. jodi? >> reporter: that's right, raj. protesters are gathering as we speak at the concord b.a.r.t stat

the court called it wrong and unlawful. >> in a nutshell they repudiated yoefrld korematsu but didn't follow what they. >> the justices sotomayor said they swapped one wrong edition for another. >> but roberts says the korematsu decision was based on race. but the president's ban was the racially neutral. let's remind everyone that most people from the 8 nations have not been allowed into this cy since december 2017. that's when the supreme court allowed the travel ban to take effect. while legal challenges continued. now today, the highest court in the nation has once again spoken. in the newsroom, lyanne melendez, abc 7 news. >>> thank you. now to the issue of immigrant families. being separated at border detention facilities. 17 states including california are now suing the trump administration to change that. this is the first legal challenge over the practice. the president signed an executive order last weekending the separations. but at last check only a few hundred families out of more than 2,000 have been reunited >> a march and protest is about to get under way in concord. t

yet, they approved that, while overturning the korematsu.he justice takes issue with those who consider couthat. the court, as he saw it, was moving on from it. it is not lost on me, the same time that's happening, you have the 2,047 children separated from their parents, in captivity. >> that's right. this is the latino children. separating families is not american. incarcerating the the babies is offensively un-american. and to bring those babies or 3-year-olds to trial without their parents, is absolutely insane. ok echos of the past because when we were incarcerated, they raided orphanages and gathered japanese babies and some half japanese and put them in the camp which had an orphanage. this is all irrational and h hysterical. this muslim travel ban that was validated by this supreme court will -- with some future supreme court will be overturned. >> george, last question here. i talked to doctors and folks who have said there are going to be long-term effects on these children who have been separated from their parents. again, you wer

> reporter: ironically, when discussing their decision, the court today invoked t seven-year-old korematsu versus u.s. case. which had allowed the internment of japanese-americans. the court called it wrong and unlawful. >> the majority opinion in the decision said while we reverse korematsu versus united states, it has nothing to do with this opinion, that's wrong. >> reporter: justice sonia sotomayor said the justices swapped one for another. north korea and venezuela included in that ban are not muslim countries. >> so what does this mean for the people of those seven nations who want to come here to the united states? it means the travel ban will continue. remember, in december 2017, the spree supreme court allowed the travel ban to take effect while legal challenges continued. lyanne melendez, abc7 news. >>> thank you so much. 17 states including california are suing the trump administration to force it to reunite thousands of immigrant parents and children. the attorney generals filed the case in seattle. meanwhile, the house is set to vote on a compromised immigration vote tomorrow.

is fredrnt, who korematsu? that's when the significance of what is happening.se acknowledged they were wrong with japanese internment and turning more than 100,000 japanese. this casase went to the supreme court. >> as everyone knows, the japanese were interned during world war ii. the case which of the supreme court. the administration then put forward national ristification. the court accepted them wholesale and allow the internment. we now know ose justifications were a sham. chief justice roberts said, well, the court of history has shown that that opinion was wrong. but i think the really hard thing is to recognize it in real time. the chief justice should have recognized in real time now that this was just as that. i don't think we need to make a comparison, but just as bad but the was bad and wrong and national security justifications were a sham and not wait for the court of history 30 years from now. but i think that is what will happen. the same thing will happen, we will look back on this decision the same way we look back on korematsu is wrong. juan

a decision confirming korematsu. way back when under franklin roosevelt.nd by the way, president trump in one of the quotes that you didn't cite here actually compares the ban to what the court and president roosevelt did at the time of korematsu and said that makes it okay. >> if we can just put this into political perspective. the reason why this was a victory for donald trump was because mitch mcconnell on february 13th, 2016, the day that justice scalia died, when barack obama had 1 1 months in his presidency said there would be no vote on a nominee. and he kept that promise. mer rick -- merrick garland was dominated and sat there with much less a hearing, not even a vo vote. and that seat went to neil gorsuch. that is why donald trump won this lawsuit and he won another suit about abortion rights today and that is ultimately the reason this case came out the way it did. >> i appreciate your time. coming up, a tweet with only a photo and no words sums a great deal about republican reaction. >> the president called today's supreme court ruling a victory

coming up-- we'll talk live in studio with civil rights advocate karen korematsu.she will weigh in on the latest mparison of the border policy to japanese internment camps. (vicki) plus-- it's getting closer to reality... gun shows at the cow palace could soon be nned. the major hurdle the legislation just cleared. (grant) tonight at 5:30... kron4 is always tracking local stories. here's a look at what's going on in your neighborhood right now. (vicki) in the north bay... new information tonight after nearly two-dozen cars were vandalized in american canyon. police just released these surveillance images of the car believed to be the get-away car used during the vandalism. it's a dark blue dodge charger. the damage was done early friday morning in american canyon...in the areas of via bellagio...sarcedo.. and cantada. police are currently reviewing home surveillance footage to try to gather more clues. (grant) on the peninsula. the san mateo county board of supervisors call for a ban on gun shows at the cow palace...may have just been answered. today the assembly's

it is interesting, because in the travel ban case, justice sonia sotomayor brought up and korematsu, and tried to make the link. and the chief with her to that and said, that is not fair, it has nothing to do with koremat su. and then to me, a little bit out of nowhere, he overrules it. you felt on one side that i felt like kagan was talking to the chief on the separate case, then he had the tension between sotomayor and the chief. that was very interesting. decisis.re >> does anybody think the chiefs paragraph about korematsu was written after he read the draft of the dissent? >> of course. [laughter] well, no, he -- didn't say so, but he referred to it. >> another thing was that the united states changed the position in four important cases, arbitration, the voting rights case from ohio, the union dues case and a case about judges are officers of the -- whether administrative law judges are officers of the united states who have to be appointed by the head of the agency. did this annoy the court? if it and annoyed them, did it under them enough to make any difference? >> it certain

those were said by the president of the united states, and nothing the majority is says today about korematsuuld possibly compensate for what's happening in this case of trump versus hawaii. then finally on the national security interests, those what the administration has asserted here, she said it's a sham. what they are saying is a sham. so the justification that the majority is pointing to is a sham. >> wow. jeffrey, you have pointed to a part in the majority where they say his for words don't on matter, where it says -- at the heart of the case is a series of statements by the president and his advisers. both during thepaign the issue is not whether to denounce the statements, but the significance of a directive, neutral on its face, directing a matter within the core of the directive of responsibility. i just can congressman ellison on, very passionate and upset, and he said, in the end, this is -- the president's words are exactly what they intended, how can they not take it into account? >> tis how donald trump has changed so much in the united states. you look at what he said, and yo

korematsu has nothing to do with this case, that morally repugnant order to officially neutral policy denying certain foreign nationals the privilege of admission. >> the case doesn't end here because the supreme court was specifically ruling on whether or not an injunction against the travel ban 3.0 could stand buried today with this guidance from the justice it goes back to the lower court for a decision actually on the merit. >> bret: there was also another ruling involving a crisis centers in california. >> they managed to scoop up all the pro-life pregnancy centers, almost all of them in the states essentially telling them they had to provide all kinds of information to potential clients including about where they could find abortions and access them. the clinics are saying that violates their free-speech right and actually says is antithetical to the mission they have two encourage women to carry their pregnancies to term. it was a 5-4 decision written by clarence thomas. he essentially found that it's a good chance these clinics were going to prevail to the merit so he set the

i do want to say one thing, i think we have to just remember korematsu, that the supreme court and othersve blessed appalling things in american -- >> japanese internment. >> yes. and that courts are by enlarge small conservative institutions and there is this paradox that we hope they turn out to be good -- nine thurgood marshalls and they all just wave the flag and say this is wrong. i could tell you in the next week, we'll get the travel ban decision and we'll figure out very quickly whether the u.s. supreme court is willing to say this is nuts or whether they are willing to say, ah, by the third iteration not so bad and you spit shine the worst off of it and live with it and that is what courts can do. >> they have incredible power and here and there is reason to have faith in them and reason to be realistic. >> afraid so. >> dolly lithwick from slate and always a voice of reason. thank you. >> thank you, much more ahead. stay with us. okay, so... my mom washes the dishes... ...before she puts them in the dishwasher. and if they come out gross... ...she washes them again. so what does

bigoted rulings that i've seen in the course of american history have stood the test of time like korematsund they usually find the dust bin and i think this one will too. >> in 2015 president trump signed a law to restrict travel to the u.s. for people who lived in or visited iran, iraq, sudan and syria. in 2016 the obama administration added extra restrictions for travelers from libya, somalia and now this trump travel ban is much more severe. but it does beg the question, it does prompt the question, aren't there legitimate national security questions about travelers from these countries? >> you know, let me tell you. i regard that as a trump talking point. because the truth is that the president obama never said we'll ban people based on religion and it was rooted in factors that had to do with legitimate national security interests. this one did not start that way and was not the origin or the purpose of it. so to try to say that it is somehow equivalent or the same, i could not accept that as a false equivalency. and let's take trump at his word. he said it is a muslim ban and now eve

almost every lawyer in the united states of america and most citizens know the name korematsu. and that is because it was a moment of shame for this country. ending family separation, the process of tearing children away from their moms and dads, is a welcome and humane step. but the solution should not be indiscriminate and indefinite detention of children. family separation should not be replaced by family imprisonment. there is no moral advantage to incarcerating children as opposed to tearing them away from their parents, and in fact it's not only immoral, it is illegal. the courts have said so on a number of occasions in 1997 in the flores case which is now well known to everyone but more recently, in fact as recently as 2016. and the reason goes to the core of our constitutional principles about how and when and who we imprison, how we take liberty away from people. indefinitely imprisoning children and families is still inhumane and ineffective law enforcement. president trump's current policies will put children behind bars indefinitely and indiscriminately. children wi

almost every lawyer in the united states of america and most citizens know the name korematsu. and that is because it was a moment of shame for this country. ending family separation, the process of tearing children away from their moms and dads, is a welcome and humane step. but the solution should not be indiscriminate and indefinite detention of children. family separation should not be replaced by family imprisonment. there is no moral advantage to incarcerating children as opposed to tearing them away from their parents, and in fact it's not only immoral, it is illegal. the courts have said so on a number of occasions in 1997 in the flores case which is now well known to everyone but more recently, in fact as recently as 2016. and the reason goes to the core of our constitutional principles about how and when and who we imprison, how we take liberty away from people. indefinitely imprisoning children and families is still inhumane and ineffective law enforcement. president trump's current policies will put children behind bars indefinitely and indiscriminately. children wi

it actually features the daughter of fred korematsu talking about the long-term impact.f you want to see that, go to c-span.org. landmark cases se, and other cases that have relevance in today's society. that is that c-span.org. onlder, colorado, joaquin our oppose line. caller: hello, i was calling in consideration of the passage in recentpassage history of people lled by terrorists and being white supremacist terrorists. what is the united states' pos ition on allowing white premacists to integrate into our country? host: why do you think that is important? caller: because white supremacists kill more people in america than any other terrorist organization in the united dates. host: boulder, colorado commenting this morning. next up is ty from washington, d.c.. caller: good morning. from the last caller who was talking about the terrorists coming from the other countries, we have terrorists right here in our own homeland, so i'm not sure why people are trying to say there are morest coming in from other countries. there has not been a terrorist attack from these partic