Topic: Internment Based on Nationality or Race
Senator: Leahy
Date: SEPTEMBER 13, 2005
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LEAHY: We'll always face -- we'll always -- this country, all the Western world, all democracies will face terrorist attacks, whether internal, as we had in Oklahoma City, or external at 9/11.
I just want to make sure you're not going to be a Korematsu justice, so I have a couple of questions.
Can I assume that you will hold the internment of all residents of this country who are interned just because they have a particular nationality or ethnic or religious group -- you would hold that to be unconstitutional?
ROBERTS: The internment of a group solely on the basis of their...
LEAHY: Nationality or ethnic or religious group?
ROBERTS: I suppose a case like that could come before the court. I would be surprised to see it. And I would be surprised if there were any arguments that could support it.
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