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1/Fred The oral arguments for Korematsu’s SCOTUS trial took place on October 11-12, 1944. In the context of the Pacific war this was island hopping, mid-Peleliu. In Europe this is 4 months after D-Day. Korematsu was convicted 8Sep1942, appealed and upheld 7Jan1944, granted certiorari 27Mar1944.

8/Fred Section 2 states that all restrictions based on race are “immediately suspect” and require “most rigid scrutiny” as they cannot be justified by racial antagonism. Strict scrutiny was a novel concept at the time, introduced just 6 years prior in US v. Carolene’s famous Footnote Four.