Democrats Invoke Japanese Internment To Push Blind Obedience To Courts
During a Senate Judiciary Committee hearing, Sen. Dick Durbin (D-IL) made an unexpected argument while questioning President Donald Trump’s solicitor general nominee, Dean John Sauer. He suggested that officials should always follow judicial rulings, even pointing to the Korematsu decision — the notorious case that upheld the internment of Japanese Americans during World War II — as an example of obedience to the courts.
Durbin pressed Sauer on whether government officials could ever refuse to carry out a court order. “Let’s go back to Korematsu. Describe for me that circumstance that you think relieved an official from obeying a court order. As bad as it was, that court order was followed for years, was it not?”
Funny how Dems are trying to pin Republican judicial noms for rightly saying they won't blindly follow egregious court orders without question
Hawley won't defend the Korematsu, Plessy, or Dred Scott decisions
And any other judge of good conscience wouldn't either pic.twitter.com/eEQurfYDV9
— Bernadette Breslin (@bernbreslin_) February 27, 2025
Sauer acknowledged that Korematsu had been widely condemned and suggested that history might have been better if it had not been enforced. He also cited the Dred Scott ruling, which denied citizenship to Black Americans, as another instance where judicial authority led to injustice. His comments came after Durbin attempted to challenge Trump nominees on whether the executive branch could ever reject a court ruling.
Senator @HawleyMO calls out Democrat Sen. Dick Durbin for defending the Supreme Court’s Korematsu decision upholding Japanese internment camps:
“I thought it sounded to me like my friend, Senator Durbin, was defending the Korematsu decision — which I think is one of the worst… pic.twitter.com/WfotWzhjQf
— Conservative War Machine (@WarMachineRR) February 26, 2025
Sen. Josh Hawley (R-MO) was quick to push back, arguing that unquestioning compliance with flawed rulings has led to some of the darkest moments in American history. “I thought it sounded to me like my friend, Sen. Durbin, was defending the Korematsu decision, which I think is one of the worst and most abhorrent decisions in the history of the United States,” Hawley said.
No amount of damage control from Sen. @ChrisCoons absolves @SenatorDurbin of the insane assertions he made on defending decisions like those in Korematsu or Dred Scott. 9/x
— RNLA ⚖️ (@TheRepLawyer) February 26, 2025
The discussion emerged as part of a broader debate over the limits of judicial power. Vice President J.D. Vance and other conservatives have questioned the extent to which judges should have authority over executive actions, particularly as rulings against Trump’s policies have become more frequent.
Groks take: The Korematsu v. United States decision is widely considered indefensible for several reasons, rooted in both legal and moral failures:
Violation of Civil Liberties: The ruling upheld the forced relocation and internment of over 120,000 Japanese Americans—most of whom…— ReplaceLoisFrankel2026 (@rafael_pin49857) February 27, 2025
Durbin’s remarks drew attention for their surprising implication — that even disastrous court rulings should be upheld without question. While Korematsu was condemned in 2018 as having “no place in law under the Constitution,” it appears some Democrats are still using it as an example of how officials should respond to the judiciary.