The plaintiffs in the Hedges v. Obama lawsuit are asking the U.S. Supreme Court to review their case and strike down a section of the National Defense Authorization Act (NDAA) that permits the military to seize U.S. citizens, strip them of due process and hold them indefinitely in military facilities.
Provisions of the 2013 National Defense Authorization Act, or NDAA, authorizes the federal government to repeat the forced incarceration in the early 1940s of 120,000 Japanese Americans and Japanese immigrants who spent years in prisons without notice of charges, the right to an attorney, or the right to a trial.
A group of journalists and activists – including Chris Hedges, Daniel Ellsberg, Noam Chomsky, and Jennifer “Tangerine” Bolen – last year filed a lawsuit, Hedges v. Obama, challenging the indefinite detention provisions of the NDAA as unconstitutional.
On Dec. 17th, 2012, the families of Fred Korematsu, Minoru Yasui, and Gordon Hirabayashi filed an amicus brief in the Hedges case with in the U.S. Court of Appeals for the Second Circuit. The brief describes a terrifying parallel to the incarceration of Americans of Japanese ancestry during World War II.
Under the pretense of national security, the NDAA essentially repeats the decisions in the discredited World War II cases of Korematsu, Hirabayashi, and Yasui, allowing the government to imprison people without any due process rights for an indefinite time.
The Hedges petition to the Supreme Court (download PDF) acknowledges the Korematsu-Yasui-Hirabayashi amicus brief:
Special thanks to Professor Lorraine K. Bannai and the Korematsu Center For Law and Equality at Seattle University School of Law. Additional thanks to Professor Eric Yamamoto, the Fred T. Korematsu Professor of Law at the University of Hawaii School of Law and to Anjana Malhotra.
These important authors submitted an amicus brief on behalf of descendants of World War II detainees: Karen and Ken Korematsu, Holly, Iris and Laurel Dee Yasui, Jay Hirabayashi, Sharon Mitsu Yen and Marion Setsu Oldenberg.
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