Korematsu v. United States (2)

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  • " I didn't like the denial of my appeal from the circuit court judge, so I decided to take my case to the supreme court!"
  • The Court decided against Korematsu by a vote of 6 to 3. Those in favor of the United States were Stone, Black, Reed, Frankfurter, Douglas, Ruteledge. Those in favor of Korematsu were Roberts, Murphy and Jackson.
  • Roberts, Murphy and Jackson stood out from the other justices because of their reasoning.
  • Roberts
  • Argued that a relocation center "was a euphemism for prison," and that faced with this consequence Korematsu "did nothing." (5th amend)
  • Murphy
  • Harshly criticized both the majority and the military order, writing that the internment of the Japanese was based upon "the disinformation, half-truths and insinuations that for years have been directed against Japanese Americans by people with racial and economic prejudices." (14th amend)
  • Believed that even if such racially discriminatory orders were able to be considered reasonable under military terms, the civilian courts could not constitutionally assist the military in enforcing them and should leave it up to the military to act on them alone.
  • Civilian courts in times of war should not review the constitutionality of military actions because a civilian judge in wartime would defer to military judgment and never term what was said to be militarily necessary as unconstitutional.
  • Jackson
  • Justice Hugo Black had the most input in the decision of the Court.
  • Justice Black’s decision in the Korematsu case did not proceed with his reputation. By ruling in favor of the court, Black ruled in favor of violating protected, fundamental rights in the time of “military urgency.”
  • CASE CLOSED
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