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I mean, the simple answer is that he just doesn't
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Roberts doesn’t even square his disapproval of korematsu with his disapproval of korematsu. Korematsu specifically disavowed the thing Roberts said was korematsu’s holding when he disavowed it.
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him "disavowing it" in TvHI made me sick in my stomach anyway. Like, how fucking dare you say you're repudiating Korematsu in a case where you're holding the Muslim Ban legal. Fucking monstrous decision.
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It’s sickening that Jackson’s judicial lineage produced the chief judge that handed a would be tyrant an even more terrifying load weapon.