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Jacobson v MA also formed the basis for Korematsu, the case that justified the suspension of Japanese Americans' human rights on the basis of their ethnicity.

Jacobson and its descendant Buck, then Korematsu, are among the most shameful moments in the history of the law in America.

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I would love to see the decisions overturned. Maybe with a majority originalist/textualist SCOTUS there’s a chance. I’m not holding my breath though.

I hope the President chooses Allison Jones Rushing or Barbara Lagoa, because Amy Coney Barrett has cited Jacobson favourably.

I saw that too. I'm not sure how to feel about it. I know that lower courts are bound to uphold precedent via vertical stare decisis, but it sounds like even with the precedent as a given, she might have stretched it in a way she wasn't forced to. Do you have any thoughts here?

ACB seems like the perfect candidate except for exactly what you mentioned. So I am very curious how much of that was her hands being tied versus her being unusually authoritarian. Because if it's the latter, I absolutely share your concern.

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