Tuesday, April 03, 2007

A Good Amicus

Prof. Eric Muller at Is that Legal? has filed an amicus curiae (friend of the court) brief on behalf of the children of three Japanese Americans who unsuccessfully challenged racial curfew and detention before the Supreme Court in World War II, in support of the plaintiffs in a case seeking damages for Arab and Muslim men "who allege they were swept up and abusively detained on alleged immigration violations in the wake of the attacks of September 11."
Back in June of 2006, a federal district judge in New York dismissed the plaintiffs' allegation that the government had illegally singled out Arab and Muslim aliens for prolonged detention before ultimately deporting them. Accepting the allegation that the government had singled out Arabs and Muslims for detention that was longer than necessary, the district judge held that such prolonged detention does not violate equal protection; "the executive," said the trial court, "is free to single out nationals of a particular country" for prolonged detention.

Mueller, who has written extensively on the Japanese internment and recent efforts to whitewash that scandalous episode has posted the amicus brief on his website here.

The New York Times has written an article about the brief.

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