1. Korematsu v. U.S.

2. Korematsu Born in Oakland, CA (an American citizen)
Turned away from military service and other work on basis of race
Defied executive order
Imprisoned at old horse tracks
Challenges in court, loses 6-3
Moves to South Carolina and can’t marry due to interracial marriage laws

3. Executive Order No. 9906
“Prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded.”
Provide “medical aid, hospitalization, food, clothing, transportation, use of land, shelter…”

4. Opinion of the Court
“Unable to conclude that is was beyond the war power of Congress…to exclude those of Japanese ancestry.”
“Definite and close relationship to the prevention of espionage and sabotage.”
“We are not unmindful of the hardships imposed by it upon a large group of American citizens.”
“Citizenship has its responsibilities as well as its privileges”
“To cast this case into outlines of racial prejudice, without reference to the real military dangers which were presented, merely confuses the issue.”

5. Dissent “Falls into the ugly abyss of racism”
“Essential that there be definite limits to military discretion”
Depriving Korematsu of due process under 5th amendment
“The reasons appear, instead, to be largely an accumulation of much of the misinformation, half-truths and insinuations that for years have been directed against Japanese Americans by people with racial and economic prejudices”
“To infer that examples of individual disloyalty prove group disloyalty and justify discrimination action”
German and Italian immigrants not treated this way so how is it not based on race. Even the order says “Japanese ancestry”…determined how?