Seen and Unseen: What Dorothea Lange, Toyo Miyatake, and Ansel Adams's Photographs Reveal About the Japanese American Incarceration

by Elizabeth Partridge

The justices were very exacting in the words they chose. But … does this mean Korematsu has actually been overruled? In the “court of history,” yes. But legal scholars disagree if these dicta by Supreme Court justices overrule the Korematsu decision. They are certainly powerful statements from Supreme Court justices that Korematsu v. United States has been discredited. It is clearly looked upon unfavorably by the Supreme Court and should not be used to try to win any further legal arguments. Despite the dicta, Korematsu v. United States still stands, a painful symbol of our country’s racial prejudice. And how can we be sure it will never be looked upon favorably in the future and used to violate the rights of another group of American citizens?