KOREMASTU V. UNITED STATES

Untitled Slide

• Offense Date: 1942
• Decided Decision Date: 1944

Justices:
Owen J. Roberts
Stanley F. Reed
William O. Douglass
Robert H. Jackson
Hugo Black
Felix Frankfurter
Frank Murphy
Wiley B. Rutledge

Chief Justice:
Harlan F. Stone

Fred Korematsu argued that he was born and raised in the United States, and he shouldn't have to be relocated because he isn't a threat to the country.
The opposing argument is that it doesn't matter of Korematsu is dangerous, he still has to obey the law and relocate with all the rest of Japanese-Americans.

Majority Justices:
Hugo Black joined by Harlan F. Stone, Stanley F. Reed, William O. Douglass, Wiley B. Rutledge, and Felix Frankfurter

Majority Opinion written by Hugo Black:
Compulsory exclusion of large groups of citizens from their homes, except under circumstances of direst emergency and peril, is inconsistent with our basic government institutions. But when, under conditions of modern warfare, our shores are threatened by hostile forces, the power to protect must be commensurate with the threatened danger.

Dissenting Opinion written by Robert Jackson:
Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity, and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that, apart from the matter involved here, he I not law-abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived.

Effect:
Set the first precedent for applying strict scrutiny to racial discrimination.

Fred Korematsu first lost in the Court of Appeals before appealing the case to the Supreme Court.