Korematsu v. United States

rdf:langString Korematsu v. United States

rdf:langString Fred Korematsu vs. United States

rdf:langString Jackson

rdf:langString Murphy

rdf:langString Roberts

rdf:langString Stone, Reed, Frankfurter, Douglas, Rutledge

rdf:langString Justice Neil Gorsuch

rdf:langString Korematsu v. United States,

rdf:langString Fred Korematsu vs. United States

rdf:langString The exclusionary order which caused the internment of Japanese Americans during World War II was permissible. Executive Order 9066 was constitutional.

rdf:langString Korematsu v. United States

rdf:langString Black

rdf:langString United States v. Zubaydah 595 U. S. ___

rdf:langString In Korematsu v. United States, the President persuaded this Court to permit the forced internment of Japanese American citizens during World War II. The President did so in part by relying on a military report that insisted immediate action was imperative to national security. The report, however, contained information executive officials knew to be false at the time....And still more years passed before this Court formally repudiated its decision.

rdf:langString Korematsu v. United States, 323 U.S. 214 (1944), was a landmark decision by the Supreme Court of the United States to uphold the exclusion of Japanese Americans from the West Coast Military Area during World War II. The decision has been widely criticized, with some scholars describing it as "an odious and discredited artifact of popular bigotry", and as "a stain on American jurisprudence". The case is often cited as one of the worst Supreme Court decisions of all time. Chief Justice John Roberts explicitly repudiated the Korematsu decision in his majority opinion in the 2018 case of Trump v. Hawaii. In the aftermath of Imperial Japan's attack on Pearl Harbor, President Franklin D. Roosevelt had issued Executive Order 9066 on February 19, 1942, authorizing the U.S. War Department to create military areas from which any or all Americans might be excluded. Subsequently, the Western Defense Command, a U.S. Army military command charged with coordinating the defense of the West Coast of the United States, ordered "all persons of Japanese ancestry, including aliens and non-aliens" to relocate to internment camps. However, a 23-year-old Japanese-American man, Fred Korematsu, refused to leave the exclusion zone and instead challenged the order on the grounds that it violated the Fifth Amendment. In a majority opinion joined by five other justices, Associate Justice Hugo Black held that the need to protect against espionage by Japan outweighed the rights of Americans of Japanese ancestry. Black wrote that "Korematsu was not excluded from the Military Area because of hostility to him or his race", but rather "because the properly constituted military authorities ... decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast" during the war against Japan. Dissenting justices Frank Murphy, Robert H. Jackson, and Owen J. Roberts all criticized the exclusion as racially discriminatory; Murphy wrote that the exclusion of Japanese "falls into the ugly abyss of racism" and resembled "the abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy." The Korematsu opinion was the first instance in which the Supreme Court applied the strict scrutiny standard of review to racial discrimination by the government; it is one of only a handful of cases in which the Court held that the government met that standard. Korematsu's conviction was voided by a California district court in 1983 on the grounds that Solicitor General Charles H. Fahy had suppressed a report from the Office of Naval Intelligence that held that there was no evidence that Japanese Americans were acting as spies for Japan. The Japanese-Americans who were interned were later granted reparations through the Civil Liberties Act of 1988.

rdf:langString Frankfurter

rdf:langString Trump v. Hawaii