http://www.nyulawreview.org/sites/defau ... -Lynch.pdfI thought it would be useful to talk about what happens when the Executive Branch, to put it politely, shadows the truth to the Supreme Court. Specifically, I wanted to tell the disturbing story of the government's lack of candor to the Court in Korematsu v. United States, the 1944 Japanese internment case. Until recently, I had not known that history myself. It was Justice Souter who told me the story and suggested that its history deserved to be told again. The topic was important because what happened in Korematsu could happen again and, in turn, could lead to a loss of trust in the judiciary.
Pretty bad situation when the Executive Branch misleads the highest court of a co-equal branch of the Government.
