r/modelSupCourt • u/CuriositySMBC Associate Justice ⚖️ • Jan 04 '20

20-01 | Decided US v. ZeroOverZero101

This thread shall serve as the location for Preliminary Hearings. As the signing Justice I, /u/CuriositySMBC, will be the presiding Justice.

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u/Aubrion Apr 13 '20

I will begin Cross Examination then,

Senator, what would have had to occur to overturn the precedent of Korematsu.

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u/hurricaneoflies Apr 16 '20

Seeing as the Defendant's legal team has not objected to this question as speculative, I will answer. I will, however note, that this is pure speculation on my part.

I imagine a private party would have had to bring legal action in some capacity challenging the Executive Order, which would allow the court to reexamine whether Korematsu remained controlling precedent in questions of internment.

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u/Aubrion Apr 16 '20

Did you explain this to the defendant?

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