The Foundation for the Marketplace of Ideas, Inc., continues to obtain and publish interesting legal writings concerning controversies which were litigated yesteryear. In fact, the leftist Southern Poverty Law Center has noted on their website that FMI “has begun a research project digging into Supreme Court cases” that “will pull back the veil on how ‘social justice warriors’ and their allies have manipulated culture and public opinion to define the ‘zeitgeist’ of civil rights.”
So far, FMI has released the brief of Buck v. Bell, 274 U.S. 200 (1927) (the briefs argued that the forced sterilization of the unfit is constitutional) and the briefs of Loving v. Virginia, 388 U.S. 1 (1967) (the briefs argued that states can criminalize miscegenation) on its website, and it has in its possession and will release in the future the briefs of Ozawa v. United States, 260 U.S. 178 (1922) (holding in an unanimous opinion that only “what is popularly known as the Caucasian race” may become naturalized citizens of the United States), United States v. Thind, 261 U.S. 204 (1923) (holding in an unanimous opinion that Indians are not of the Caucasian race and are thus ineligible for naturalized citizenship), and Batson v. Kentucky, 476 U.S. 79 (1986) (delving into when jurors can and cannot be excluded on the basis of their race).
FMI now releases the briefs of Korematsu v. United States, 323 U.S. 214 (1944), in which the States of California, Oregon, and Washington supported via the filing of an amicus curiae brief the United States federal government which successfully argued that race-based discrimination can be utilized by governmental actors for national defense:
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