In Korematsu, Hirabayashi, and the Second Monster, Eric L. Muller explores whether Korematsu v. United States is dead post-Trump v. Hawaii, and whether by failing to strike down Hirabayashi v. United States, the “mother” of Korematsu and a “second monster” lives on. This brief response Essay contends that answering these questions first demands grasping how Trump v. Hawaiifailed to fully address the program implemented by the Muslim Ban–Travel Ban: Extreme Vetting. Extreme Vetting can be characterized as a form of “digital internment” through a complex web of cybersurveillance, administrative-imposed restraints, and “identity-management” rationales that are referenced in the text of the Muslim Ban–Travel Ban Proclamation(s). This Essay concludes that coming to grips with whether Korematsu was resurrected by Trump v. Hawaii, and exactly how the reasoning of Hirabayashi remains a vibrant threat, depends upon confronting the full discriminatory impact of Extreme Vetting.

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Response or Comment

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98 Texas Law Review Online 174-183 (2020)