Scalia: Internment Camps Will Return

The Washington Times has reported that US Supreme Court Justice Scalia, during a recent visit to the University of Hawaii’s Law School,, “You are kidding yourself if you think the same thing will not happen again,” referring to the 1944 US Supreme Court case, Korematsu v. US, that upheld the law oordering the internment of Japanese-American citizens during the World War 2.

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Chaninat & Leeds provides advice concerning Thailand Criminal Law, and International Arrest Warrants 

           

Justice Scalia mentioned that he thought the ruling on Korematsu v. US 1944 was wrong.  However, he did not elaborate on why he thought the US government will resort to interning groups of people again if war were to break out. Some people, who believe that the US is becoming more of an authoritarian state, have interpreted Justice Scalia’s remark as a warning of things to come.  ALtenrtaive journalist Matt Drudge has also issued a cryptic warning on his Twitter “Have an exit plan…” . 

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Scalia: Internment Camps will return

In times of war, countries are apt to defend themselves and sometimes due process and constitutional rights gets thrown out. The Washington Time reports that United States Supreme Court Justice Scalia had made an interesting statement at the University of Hawaii’s Law School, defending a nation’s rights to intern American citizens if war breaks out. Scalia said, “You are kidding yourself if you think the same thing will not happen again,” referring to a 1944 US Supreme Court case, Korematsu v. US, that upheld the law on interning Japanese-American citizens during the World War 2, when United States troops were battling the Japanese abroad.

Thailand Attorney

Chaninat & Leeds providesadvice concerning Thailand Criminal Law, and International Arrest Warrants.

Although, Justice Scalia did mention that he thought the ruling on Korematsu v. US 1944 was wrong, it seemed rather irresponsible for Justice Scalia to make this statement while the US has been waging a war on terrorist since the September 11^th attack, and using national security as a grounds for action, the rights of many groups of Americans have been infringed upon. For example, some Muslim Americans with certain names are added to “no fly” lists with the TSA (Transportation Security Advisors), and are often harassed at the airports even though they are not affiliated with any terrorist groups.

To try and clarify the statement the Dean of the University of Hawaii’s law school issued a statement saying that he thinks that Justice Scalia meant that, “people always have to be vigilant and the law can’t be trusted to provide protection”.

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US Visas Following Supreme Court DOMA Decision

Analysis continues to be made following the Supreme Court's much welcomed decision to strike down the Defense Against Marriage Act (DOMA). The fact that same sex couples who live in states that recognize gay marriage will be entitled to the same federal benefits that heterosexual couple ares brings with it massive changes in law from probate, to marriage, to divorce to immigration issues.

 The Secretary of Homeland Security has issued a very clear statement about what is to happen moving forward, "President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

US Spouse Visa Attorney 

Chaninat and Leeds specialize in US visa law  

Despite Thailand being accepting of the gay community, same sex marriage is still not legal here. However thanks to the Supreme Court, and the statement from Homeland Security it now seems to open the way for US spouse and fiance visas to be made available to same sex couples living in Thailand and wanting to live in the states. Previously, even if the US petitioner lives in a state where same sex marriage was legal, they would have been unable to sponsor their partner for immigration as they would not have been in receipt of the same federal benefits.

It now seems that is no longer an issue, and to that extent we expect a surge of application for US fiance visas   although obviously this will still need to be tested in practice to see if there are any other stumbling blocks which have yet to been anticipated.

Watch the video here:

Relevant Articles: 

Prenuptial Agreements And Same Sex Marriage  

DOMA Overturned! Immigration Rights For Same Sex Couples

DNA And Genes: A Busy Day For The Supreme Court

Two recent US Supreme Court decisions have created some interesting discussion.

 In Maryland v. King, the US Supreme Court has ruled that the practice of seizing the DNA of non-convicted arrestees is constitutional.

US Police departments have controversially long collected a "DNA database" of arrestees, suspects, and persons of interest.  

Thailand Patent Lawyer

In Association for Molecular Pathology vs Myriad Genetics, the US Supreme Court was asked whether it was possible to patent genes and held: no if they are naturally occurring; however an invented synthetic gene, can be patented.

We end with this: if police seize DNA from a suspect who has been treated with a patented synthetic DNA, is the police seizure of that DNA a violation of the proprietary rights of the patentee company?  Can the arrestee object to the DNA test as not having authority to surrender the DNA because of non-ownership?

Related Articles: The Idea of Software Patent Protections