Korematsu v. United States

Korematsu v. United States was a controversial United States Supreme Court case, decided in 1944, that upheld the Japanese internment during World War II. The case has been cited as an unprecedented example of racial prejudice and the erosion of individual liberties during wartime in the United States.

Historical context

An internment camp in California Template:Photo

The December 7, 1941 attack by Japan on Pearl Harbor prompted widespread concern about the security of the United States' West Coast and the possibility of espionage by members of its large Japanese-American population. On February 19, 1942, President Franklin D. Roosevelt responded by issuing Executive Order (EO) 9066, which authorized the Secretary of War and his designated commanders to establish "military areas" as they see fit and exclude "any or all persons" from entering or remaining within them. The main result of Roosevelt's order was the relocation of more than 100,000 Americans of Japanese descent from the West Coast into internment camps in the interior of the United States. A month later, Congress passed Public Law 503, which criminalized violations of military orders issued as a result of EO 9066.

Litigation

Fred Korematsu was a Japanese-American who refused to comply with the internment order and sued the United States government, arguing that the executive order violated due process and was racially motivated.

Decision

The Supreme Court ruled 6-3 in favor of the U.S. government and upheld the internment of Japanese-Americans. In the opinion of the Court, Justice Hugo Black ruled that the need to protect the United States from espionage outweighed Korematsu's civil liberties, adding that the internment was not racially motivated.

Justice Felix Frankfurter authored a concurring opinion.

Three justices, Owen Roberts, Robert Jackson, and Frank Murphy each filed a separate dissenting opinion. Murphy's dissent was especially scathing, famously commenting that the majority decision "falls into the ugly abyss of racism."

Aftermath

Today, this decision is widely criticized and denounced as a classic example of wartime encroachment on civil liberties. The Congress passed the Japanese American Evacuation Claims Act to provide compensation to Japanese properties damaged during the "relocation". In 1980 the Congress opened an investigation to the internment program and a report titled "Personal Justice Denied" was written. The report condemned the "relocation" and the Korematsu court decision. In 2001, the PBS broadcast a Eric Paul Fournier film Of Civil Wrongs and Rights in memory of the Japanese internment and the Korematsu litigation. In 1998, Fred Korematsu was awarded the Presidential Medal of Freedom by President Bill Clinton; he died in 2005.

Tom Clark, the coordinator of the relocation program, was nominated to became a Supreme Court justice in 1949. He said he regretted his role in the Japanese internment and referred to it as one of his biggest mistakes. When Clark resigned from the Court in 1967, he was replaced by the first black Justice, Thurgood Marshall.