Korematsu v. United States

While the United States was at war with Japan during World War II, an executive order was issued stating that success in the war effort required protection against espionage and sabotage related to national-defense materials and premises. Pursuant to that executive order, an army commander issued Civilian Exclusion Order No. 34 (the exclusion order), which excluded all persons of Japanese ancestry from San Leandro, California, a military area. Korematsu (defendant), an American citizen with Japanese ancestry, defied the order by remaining in his home within the military area. Although nothing suggested that Korematsu was disloyal to the United States, Korematsu was charged under a federal statute that criminalized remaining in a military area in defiance of an exclusion order. Korematsu argued that the exclusion order was an unconstitutional restriction of civil liberties. The district court convicted Korematsu, and the court of appeals affirmed. On appeal to the United States Supreme Court, Korematsu argued that the exclusion order needed to be considered in conjunction with Civilian Restrictive Order No. 1, which provided for the detention of those impacted by the exclusion order in relocation camps to facilitate orderly evacuation and resettlement. Korematsu argued a person’s forced evacuation and detention based on ancestry alone were unconstitutional. The Supreme Court granted certiorari.