Tournament: Fullerton | Round: 2 | Opponent: Georgetown Erpenbach-McGrath | Judge: Zendeh
Contention 1 is Precedent
The Supreme Court has yet to repudiate the Korematsu decision
Mauro 13 (Tony, American journalist and author who has covered the United States Supreme Court since 1979, Supreme Court Urged To Correct Korematsu Decision, The National Law Journal, http://www.law.stanford.edu/news/supreme-court-urged-to-correct-korematsu-decision, April 17th 2013, JKE)

Professor Deborah Rhode is listed in this National Law Journal article as one of several
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The Case for Supreme Court Repudiation of the Japanese American Internment Cases.
The Korematsu decision was one of the worst in Supreme Court history – it was based only on race
Chemerinsky, 11
(Erwin, Professor of Constitutional Law at UC Irvine, “Korematsu v. United States: A Tragedy Hopefully
Never to Be Repeated,” Pepperdine Law Review, http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1356andcontext=plrandsei-redir=1andreferer=http3A2F2Fscholar.google.com2Fscholar3Fq3DDean2BChemerinsky2Bkorematsu2B26btnG3D26hl3Den26as_sdt3D0252C326as_ylo3D2012#search=22Dean20Chemerinsky20korematsu22, pp. 166-168) 

Applying the criteria described above, there is no doubt that Korematsu belongs on the
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upheld only if it is necessary to achieve a compelling government interest.23
The decision was the culmination of 75 years of anti-Asian racism
Snyder, 8
(Fritz, Professor of Law, University of Montana School of Law, “OVERREACTION THEN (KOREMATSU) AND NOW (THE DETAINEE CASES),” The Critui, Vol. 2, Issue 1, p. 101-102, 2008, http://thecritui.com/wp-content/uploads/2011/02/Snyder.pdf) 

What happened to people of Japanese ancestry in the aftermath of Roosevelt’s Executive Order 9066
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injustice and deep-seated maladjustments of a cumulative and sinister kind.199
The Korematsu decision has set the precedent for racial recklessness and overreaction to national security emergencies
Snyder, 8
(Fritz, Professor of Law, University of Montana School of Law, “OVERREACTION THEN (KOREMATSU) AND NOW (THE DETAINEE CASES),” The Critui, Vol. 2, Issue 1, p. 107-109, 2008, http://thecritui.com/wp-content/uploads/2011/02/Snyder.pdf) 

The Supreme Court in the last few years has shown, in large part because
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property without due process of law.” Finally, we must not overreact.
The decision created a ‘loaded gun’ type mentality – court decisions like Korematsu retain their menacing power for decades. The precedent the Court sets is adopted by President after President – it just takes one reckless one to exploit the decision.
Green, 11
(Craig, Professor of Law, Temple University Beasley School of Law, Northwestern University Law Review, “ENDING THE KOREMATSU ERA: AN EARLY VIEW FROM THE WAR ON TERROR CASES,” 2011, Vol. 105, No. 3, p.p. 1034-1036, http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf)

Another lesson from sixty years of wartime case law concerns the role of judicial precedent
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loaded weapon just waiting for some reckless President to grab and fire.298
The existence of Korematsu on the books allows for the justification of racially discriminatory war policy
Somin 13 (Ilya, Professor of Law at George Mason University School of Law; earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School, Repudiating the Japanese Internment Decisions, http://www.volokh.com/2013/03/13/repudiating-the-japanese-internment-decisions/, March 13th 2013, JKE)

As Irons notes, the overwhelming majority of legal scholars and jurists now recognize that
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elite opinion make racially discriminatory war policies more popular than they are now.

And, you have a moral obligation to not condone racism in policy analysis
Memmi 2K (Albert, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165)

The struggle against racism will be long, difficult, without intermission, without remission
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. True, it is a wager, but the stakes are irresistible. 

Racism makes war and violence inevitable – it presents our enemies as biologically inferior to justify their extermination
Mendieta 2 - (4/25/02, Eduardo Mendieta, PhD and Associate professor of Stonybrook School of Philosophy, “ ‘To make live and to let die’ –Foucault on Racism Meeting of the Foucault Circle, APA Central Division Meeting”)

This is where racism intervenes, not from without, exogenously, but from within
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of the living, then these threat and foes are biological in nature.
Even if we should evaluate consequences, there should be absolute side constraints on deliberately harming innocent people through racist policies
Fried, 94
(Charles, Professor of Law at Harvard, “Absolutism and its Consequentialist Critics, ed. Haber,” p. 74) 

The opposing conception of right and wrong, the conception that there are some things
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expressions of respect for persons—respect for others and self-respect.
Plan Text
Thus the plan: The Supreme Court of the United States should overturn its decision in Korematsu v. the United States.
Solvency
We must interrogate the Korematsu decision to correct the precedent it set for abuses of Presidential War powers
Green, 11
(Craig, Professor of Law, Temple University Beasley School of Law, Northwestern University Law Review, “ENDING THE KOREMATSU ERA: AN EARLY VIEW FROM THE WAR ON TERROR CASES,” 2011, Vol. 105, No. 3, p.p. 1038-1039, http://www.law.northwestern.edu/lawreview/v105/n3/983/LR105n3Green.pdf)

Iconic war powers precedents offer special interpretive challenges because such cases arise only infrequently from
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that the 9/11 era has firmly and quietly laid to rest.
The courts should repudiate their decision by reversing the case
Irons, 13
(Peter, Civil Rights Attorney, and professor emeritus of political science, “UNFINISHED BUSINESS: THE CASE FOR SUPREME COURT REPUDIATION OF THE JAPANESE AMERICAN INTERNMENT CASES,” 2013, http://lawprofessors.typepad.com/files/case-for-repudiation-1.pdf) 

Although this essay is directed to a general, and hopefully wide readership, it
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to correct its tainted records through a public repudiation of the wartime decisions.
Remembrance of the racist subordination surrounding the Korematsu case enables the creation of a lens that allows us to recognize and address future instances of racism
Volpp 10 (Leti, Robert D. and Leslie Kay Raven Professor of Law in Access to Justice at the University of California – Berkley School of Law receiving her J.D. from Colombia University in 1993, Excesses of Culture: On Asian American Citizenship and Identity, Asian American Law Journal, Volume 17, Issue 1, pgs. 63-82, accessed via HeinOnline, http://heinonline.org/HOL/Page?handle=hein.journals/aslj17anddiv=6andcollection=journalsandset_as_cursor=16andmen_tab=srchresultsandterms=korematsuandtype=matchall, 2010, JKE)

Let me conclude by turning to our present circumstances, by examining, post-
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civilized and feminist, in stark contrast to Islam and to Muslims.78
--The principle of intervening action means we aren’t morally culpable for the reaction or backlash of other parties
Gewirth, 82
(Alan, Professor of Philosophy at the University of Chicago, “Human Rights: Essay on Justification and Application.” 1982, p. 230)

The required supplement is provided by the principle of intervening action. According to this
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rights cannot justifiably be secured at the price of the rights of blacks.
Worrying about ‘try or die’ impacts about the apocalypse causes us to ignore the ongoing violence that takes place in society in the status quo
Smith and Pain, 8
(Rachel, social geographer at the University of Durham, and Susan, social geographer at the University of Durham, “Fear: Critical Geopolitics and Everyday Life,” 2008, p. 1-7) 

Fear is on the up. It is the denouement of books diagnosing the ills
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grounded, and the scales of everyday and geopolitical at least partially dismantled.