Korematsu v. United States

Facts

Korematsu, an American citizen of Japanese descent, lived in San Leandro, California, near the place where he was born. After the United States was at war with Japan, Executive Order No. 9066 called for every possible protection against espionage and sabotage. An Act of Congress of March 21, 1942, made it a misdemeanor to remain in a prescribed military area contrary to a military commander's order, if the person knew or should have known of the order. Under the same program, a curfew order kept all persons of Japanese ancestry in West Coast military areas in their homes at night. An order of March 27, 1942, barred those of Japanese ancestry from leaving the area until a future order should permit or direct it. That future order, Civilian Exclusion Order No. 34, issued May 3, 1942, directed that all persons of Japanese ancestry be excluded from the area that included San Leandro after May 9. By May 9, the military had already decided to carry out the evacuation through guarded assembly centers. On May 19, 1942, another order provided for detention in assembly or relocation centers. Korematsu stayed. He was charged with remaining in the area on May 30, 1942. No question was raised about his loyalty.

Issues

1. Was it within the war power of Congress and the Executive to exclude those of Japanese ancestry from the West Coast war area at the time they did?
2. Was excluding the whole group a military imperative, or group punishment based on antagonism to those of Japanese origin?
3. Could Korematsu be convicted for remaining in the area when an earlier order had forbidden him to leave it?
4. Must the exclusion order's validity be judged together with the orders requiring him to report to and remain in an assembly or relocation center?

Holding

Excluding those of Japanese ancestry from the West Coast war area was not beyond the war power of Congress and the Executive at the time they did it. The group exclusion rested on a military imperative, not group punishment based on antagonism. The orders gave Korematsu no contradictory commands, and the Court left the detention provisions undecided. The exclusion order was upheld as of the time it was made and violated, and the conviction was affirmed.