The SCCBA Diversity Committee Presents: Is “Never Again” Happening Now?

By Hoge Fenton | 04.7.2021 | Firm Post

Join Hon. Roberta S. Hayashi, for a discussion of the history and legacy of the World War II incarceration of Japanese Americans, the Korematsu cases, and their significance for today.

The World War II incarceration of 120,000 men, women and children of Japanese ancestry was the result of decades of anti-Asian bias. In 1944, the U.S. Supreme Court upheld Fred Korematsu’s conviction for violating the wartime relocation laws. Forty years later, in overturning that conviction, Judge Marilyn Hall Patel wrote: “Korematsu stands as a caution that . . . in times of international hostility and antagonisms our institutions, legislative, executive and judicial, must be prepared to exercise their authority to protect all citizens from the petty fears and prejudices that are so easily aroused.” (Korematsu v. United States, 584 F.Supp. 1406 (1984)). In 2018, Chief Justice Roberts wrote that Korematsu was “gravely wrong” when it was decided in 1944—but wrote for a majority upholding the “Muslim Travel Ban” in Trump v. Hawai’i.

Anti-Asian bias has flared again during the Covid-19 pandemic. What is the legacy of the Korematsu cases? Are we better prepared to protect all citizens from the “fears and prejudices” of the 21st century?

Hoge Fenton is pleased to be co-sponsoring this event.


Hon. Roberta S. Hayashi, Superior Court of California, County of Santa Clara


Time: 12:15-1:15pm

Location: Via Zoom


SCCBA Member: Free

Non-Member Event Attendee: $50

Mackrell International California Minority Counsel Program Best Places to Work 2019 Bay Area Green Business