Hawaii (2018), the Supreme Court declared that “ Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and-to be clear-has no place in the law under the Constitution.” While the particular decision of Korematsu has been widely repudiated, it did begin to establish the precedent that racially based restrictions on civil rights must be subject to “strict scrutiny,” which requires such restrictions to be justified by a compelling government interest and imposed in the least restrictive way possible. For example, in 1982 a congressional report concluded that “ Korematsu has been overturned in the court of history” in Trump v. A day before the rulings, President Roosevelt rescinded Executive Order 9066, which had authorized both the removal and internment of the Japanese.Īlthough decided by a 6-3 vote, Korematsu has become a controversial decision. On the same day, the Court ruled in the case of Mitsye Endo that the government could not detain loyal citizens. The dissenting opinions, however, declared internment unconstitutional and racially based. The majority decision focused solely on whether Korematsu could legally refuse to report to an assembly center. In the majority decision, the Court avoided ruling on whether the overall internment of Japanese-Americans was constitutional. Korematsu challenged his conviction for defying the evacuation order, and his case made it to the Supreme Court. Roosevelt, who had been given such authority in a law passed by Congress in March 1942. DeWitt was acting with authority from President Franklin D. Toyosaburo (“Fred”) Korematsu was an American citizen of Japanese descent, one of many Japanese-Americans ordered by US Army General John DeWitt to evacuate their homes on the West Coast out of a concern that they might aid Japan in World War II.
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