the attack on Pearl Harbor, the threat of sabotage appeared serious, and the government had hidden information that would have raised doubts about the accuracy of its assessments. There is no evidence that Rutledge ever expressed regret for his vote in Korematsu, unlike Douglas, who later condemned the decision in his memoirs. Ferren suggests two possibilities: either Rutledge "abandon[ed] principle out of loyalty to his president" or he "act[ed] instead with a kind of courage" by reluctantly reaching an unpalatable conclusion that he felt the Constitution required. In Ferren's view, "[t]he irony for Wiley Rutledge, when viewed in hindsight, is that he participated in a ruling of the sort that he would have berated, in other contexts, as another 'Dred Scott decision. Equal protection In cases involving equal protection, Rutledge opposed discrimination against women, the poor, and racial minorities. His dissent in Goesaert v. Cleary, according to Ferren, constituted "the first modern gender discrimination opinion". In Goesaert, the majority upheld a Michigan law that prevented women from being bartenders unless they were related to a male bar-owner. Writing that the Equal Protection Clause "require[s] lawmakers to refrain from invidious distinctions of the sort drawn by the statute challenged in this case", Rutledge maintained that Michigan's law was arbitrary and irrational. His focus on the law's rationality mirrored the strategy pursued by future Supreme Court justice Ruth Bader Ginsburg in her efforts as an ACLU attorney to challenge laws that discriminated on the basis of gender. Dissenting in Foster v. Illinois, Rutledge voted to reverse the convictions of defendants who had not been informed of their right to counsel. He invoked the Due Process Clause but also maintained that equal protection had been violated, writing that poorer defendants, lacking an understanding of their rights, would receive "only the shadow of constitutional protections". His Foster dissent was among the first opinions in which a Supreme Court justice argued against poverty-based discrimination on equal-protection grounds. In his opinion in Fisher v. Hurst, Rutledge expressed concern about discrimination against racial minorities. The Court had previously ordered Oklahoma to allow Ada Lois Sipuel, an African-American woman, to study law. In Fisher, the Court rejected Thurgood Marshall's mandamus petition to enforce that ruling. Rutledge dissented, arguing that Oklahoma's law school should be shut down in its entirety if the state refused to admit Sipuel. With the exception of Murphy, who would have held a hearing on