The Supreme Court response to elite repression in cases such as the internment of Japanese-Americans in World War II or the prosecution of communists advocating the overthrow of the American government in the 1950s was to

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The Supreme Court, during these periods, generally upheld the government's actions as constitutional, reflecting the prevailing national security concerns over individual rights. In the case of Japanese-American internment, this was exemplified by the 1944 decision in Korematsu v. United States, and for the prosecution of communists, by decisions like Dennis v. United States in 1951.

The Supreme Court Response to Elite Repression in Cases Such