Discover Nikkei

https://www.discovernikkei.org/en/interviews/clips/1396/

The Intersection between Internment and Judgeship

Over time, I did come to the conclusion that I definitely believe that it was wrong- the internment of the Japanese. I think that now, at least among the legal scholars, that it’s a universal opinion that it’s wrong, and that the Korematsu decision is probably one of the worst decisions the Supreme Court ever made.

So I share that belief. It was a very shameful and wrongful thing for the country to do. So I think that conviction does inform my attitude as a judge. In other words, I think I’m probably much less inclined than a lot of other judges to always trust what the government does. Sometimes it’s kind of a good thing, sometimes it’s not, but there are some people who almost believe that the government can’t do anything wrong, and of course, we know that that’s not true. So I bring that attitude to my job as a judge.

Turning it around the other way, how has my legal career affected my views on the internment? I think it’s made my views more firm that it was an injustice, and I think the same kind of attitude and the same kind of thinking pervades a lot of government thinking, and it has over the years in similar situations. So I don’t think it’s something that can be relegated to the past. I think that the same principles, same notions are at play today in a lot of different contexts. I think one of the things we are not doing is paying as much attention to our past history as we should- to inform the decisions we as a country make today. I think we can improve upon that quite a bit.


judges law United States Supreme Court

Date: July 2, 2014

Location: California, US

Interviewer: Sakura Kato

Contributed by: Watase Media Arts Center, Japanese American National Museum; Japanese American Bar Association

Interviewee Bio

Born in Santa Maria California, Judge Atsushi Wallace Tashima is the first Japanese American and the third Asian American in history to serve on a U.S. Court of Appeals. He was born to Issei immigrants and spent three years of his childhood in the Poston War Relocation Center in Poston, Arizona. When Tashima entered his first year of Harvard Law School in 1958, he was one of only 4 Asian American students at Harvard. Nevertheless, Tashima went on to lead a 34 year-long career as a federal judge. In 1980, Tashima was appointed to the U.S. District Court for the Central District of California by President Carter. After serving 15 years on the U.S. District Court, President Clinton elevated Tashima to the U.S Court of Appeals for the Ninth Circuit, which covers the nine western states on the West Coast. As as 2004, Tashima assumed senior status and currently sits in the Ninth Circuit Pasadena Couthouse in Pasadena, CA.  (August 2014)

*This is one of the main projects completed by The Nikkei Community Internship (NCI) Program intern each summer, which the Japanese American Bar Association and the Japanese American National Museum have co-hosted.

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