Korematsu v. United States

323 U.S. 214 · Supreme Court of the United States · 1944

Constitutional Law Assigned in 22 casebooks

Case brief summary

Rule

When the government treats people differently because of race, courts must examine it closely. It can still be allowed if there is a real, urgent public need, not just prejudice.

Facts

Korematsu, a U.S. citizen with Japanese parents, stayed home in California despite a military order forcing all Japanese-ancestry people to leave. He was convicted for disobeying that wartime order.

Procedural history

A federal district court convicted Korematsu of violating the exclusion order. The Circuit Court of Appeals (a federal appeals court) upheld that conviction. The Supreme Court then agreed to review the case.

Issue

Was it constitutional to convict an American citizen for refusing to leave a military zone under an order that excluded all people of Japanese ancestry from that area during wartime?

Holding

Yes. The Supreme Court upheld Korematsu's conviction, ruling that the exclusion order was constitutional at the time it was issued and enforced.

Reasoning

Because the country was at war and leaders feared spying or invasion, with no quick way to check loyalty, the Court allowed removing the whole group, ruling only on that order, not detention camps.

Opinions

Majority (Black): Upheld the conviction, saying wartime military necessity, not racial prejudice, justified temporarily excluding Japanese Americans from the West Coast area.

Concurrences (Frankfurter): Agreed the order was a valid use of the war power, saying military orders reasonably tied to fighting a war are constitutional like other lawful government actions.

Dissent (Roberts): Argued Korematsu was trapped between two contradictory orders, one forbidding him to leave and one forbidding him to stay, making his conviction unjust.

Dissent (Murphy): Argued the order was racial discrimination disguised as military necessity, with no real evidence that Japanese Americans as a group were disloyal or dangerous.

Dissent (Jackson): Argued courts should not pretend an order violating the Constitution is lawful just because military commanders claim it is necessary, warning this approval would set a dangerous precedent.

Test yourself

Question 1 of 5

What specific order was Korematsu convicted of violating?

4 more questions in the full brief →
Cold call

The professor turns to you.

What were the basic facts of Korematsu's case, who was he, and what did he do that led to his conviction?
Try a cold call

In the full brief

The trap

On the exam

Other issues in this opinion

Unlock the full brief free