Korematsu vs US

1. Korematsuvs US

2. Korematsu v. United States • Argued: October 11-12, 1944 • Decided: December 18, 1944

3. Events prior to the trial • 1941 Attack on Pearl Harbor • Presidential Executive Order 9066 from Franklin Roosevelt. Military can remove people of Japanese Americans from areas of risk for national defense • Fred Korematsu lived in such an area but stayed in his home claiming to be Mexican-American • When it was discovered that he was Japanese he was arrested and convicted of violating an executive order

4. Hirabayashi v. United States • There was a curfew set on Japanese- Americans who were not in military areas • Gordon Hirabayashi violated the curfew and was convicted • When appealed to the Supreme Court, the decision was 9-0 that the curfew was constitutional

5. Arguments of the Plaintiff • Korematsu says the government cannot relocate people and discriminate based on race

6. Arguments of the Defendant • The Japanese camps were necessary for the protection of the country

7. Amicus Curiae Briefs • There were no amicus curiae briefs filed • Korematsu has filed many in other cases

8. Supreme Court Decision • 6-3 upholding Korematsu’s conviction • Justice Hugo Black wrote the majority. He said "Pressing public necessity, may sometimes justify the existence of such restrictions; racial antagonism never can.” • It was said the to distinguish from those loyal to Japan and who was not would be a very long and impossible task

9. Precedent • The safety of this country comes first. If it is a question of the safety of the whole nation or the discrimination to a group of people, the safety of the nation comes first.

10. Dissenting Opinions • Justice Robert Jackson said the Korematsu was just a citizen in the state he lives in and has the right to do so. • Justice Owen Roberts wrote about how the relocation centers were prisons and Korematsu just “did nothing” when faced with this problem. • Justice Frank Murphy wrote that the reason the Japanese were treated this way was because of racial stereotypes already set.

11. Events after the case • 1983 Korematsu challenges his conviction again. His name was cleared but the Supreme Courts decision remained the same. • 1998 Korematsu was awarded the Presidential Medal of Freedom • Grutter v. Bollinger: affirmative action policy at University of Michigan Law School.

12. Sorces • http://lawbrain.com/wiki/Korematsu_v._United_States • http://www.law.cornell.edu/supct/html/historics/USSC_CR_0323_0214_ZO.html • http://www.oyez.org/cases/1940-1949/1942/1942_870 • http://www.oyez.org/cases/1940-1949/1944/1944_22 • http://www.pbs.org/wnet/supremecourt/personality/landmark_korematsu.html • http://www.streetlaw.org/en/landmark/cases/korematsu_v_united_states