40 years after Fred Korematsu was convicted he decided to challenge it again. His case was heard as a corum nobis case (whic is used only in special circumstances to correct errors in a criminal conviction). The court ruled that newly uncovered evidence revealed the existence of a manifest injustice which—had it been known at the time—would likely have changed the Supreme Court's decision.A series of documents recovered from the National Archives showing that the government had withheld important and relevant information from the Supreme Court that demonstrated that the Army had altered evidence to make it appear that Japanese Americans posed a greater threat of spying and disloyalty. The corum nobis decision overturned Korematsu's conviction based on the faulty evidence, but did NOT overturn the constitutionality of the Supreme Court's decision.
MY QUESTION: Why do you think the District court did this? and what exactly does the "did not overturn the constitutionality.." thing mean?
2007-08-29
08:42:45
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2 answers
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asked by
Anonymous
in
Politics & Government
➔ Law & Ethics