CBA Record March-April 2023

order legalized "the ugly abyss of racism," and that it violated the Equal Protection Clause of the Fourteenth Amendment. Justice Jackson concluded that even the national wartime security concerns were inadequate justification to strip Kore matsu and other internees of their consti tutional rights. The reenactment provided back ground information and historical con text on Fred Korematsu's life and the interment of the Japanese American pop ulation during World War II. CBA par ticipants also relied on historical records and transcripts to reenact several of the pivotal trial moments, from the ini tial trial, the appellate proceedings, and eventually the Supreme Court hearings on Korematsu's appeal. "We thought this program would be a great way to tell Korematsu’s story in a way that was more accessible to the audience and more alive. Telling the story in a reenactment format makes it so much more dynamic than being told about the case through lecture," said Daniel Berkowitz, Chair of the Young Lawyers Section. Many CBA members participated in the reenactment, including Mark Belongia, Hinshaw & Culbertonson, YLS Chair Daniel Berkowitz, Arongber Goldgehn, Lisa Caridine, University of Illinois, Frank Del Barto, Masuda Fanai, Joe Dusek, Law Office of Joe Dusek, CBA Treasurer Nina Fain, JS Schirn Family Trust, Adam Feuer, Law Offices of Adam J. Feuer, Joshua Gitelson, Law Offices of Denise M. Bierly, Kevin Gold stein, Winston & Strawn, YLS First Vice Chair Marty Gould, Romanucci & Blandin LLC, Thor Inouye (who played the part of Fred Korematsu), Office of Illinois Attorney General, Norman Jed deloh, Arnstein & Lehr, Joanna Kopc

Pictured at the reenactment: Top: Patricia McCarthy; Bottom from Left: Thor Inouye and Takayuki Ono.

zyk, Latimer, Sang Lee, The Chicago Bar Foundation, Ann Lousin, University of Illinois Chicago, YLS Second Vice Chair Kenny Matuszewski, Goldberg Segalla, Eir Makamura, Salvi, Salvi Schostok & Pritchard, Patricia McCarthy, Lex isNexis, Takayuki Ono, Sidley Austin, Kevin Thompson, Levin Ginsberg, and CBA President Timothy Tomasik, Toma sik Kotin Kasserman LLC. The script and the materials used for the reenact ment were drafted and provided to the CBA by the Asian American Bar Associa tion of New York. The Korematsu decision is widely regarded as one of the worst in the his tory of the Supreme Court. Fred Toyosa buro Korematsu is now remembered as a significant civil rights activist. He helped pass the Civil Liberties Act of 1988, which provided both acknowledgments and compensation to formerly detained Americans. In 1998, President Clinton presented Korematsu with a Presiden

tial Medal of Freedom. Each January 30, on Korematsu's birthday, Califor nia celebrates Fred Korematsu Day of Civil Liberties and the Constitution, a statewide holiday since 2010, and the first statewide holiday in United States history that was named for an Asian American. Since Governor Schwarzeneg ger signed the legislation into law, other states have celebrated Korematsu Day as well, including Arizona, Florida, Hawaii, Illinois, New York, and Virginia. Korematsu died in 2005, thirteen years before the Supreme Court finally criticized its earlier decision in Korematsu in the 2018 case of Trump v. Hawaii, which related to ethnically motivated travel bans. Legal scholars continue to disagree on whether Trump v. Hawaii overruled Korematsu. Said Berkowitz, "Fred Korematsu's story is a story that deserves to be told, and we were proud to play a small part in sharing that story more widely."

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