Korematsu v. United States

323 U.S. 214 (1944)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Korematsu v. United States

United States Supreme Court
323 U.S. 214 (1944)

Play video

Facts

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.

Rule of Law

Issue

Holding and Reasoning (Black, J.)

Concurrence (Frankfurter, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 745,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 745,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 745,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership