Opinion in Korematsu v. United States
4/19/1984
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In 1942, Japanese-American Fred Korematsu was convicted of resisting "relocation" and "internment" during World War II. In the 1944 landmark case Korematsu v. United States, the Supreme Court upheld Korematsu's conviction, and thus the "exclusion" (forced removal) of Japanese Americans from the west coast.
In 1983, however, the case was reopened on the basis of government misconduct, and new evidence was presented. Korematsu's legal team showed that the government had intentionally suppressed or destroyed evidence from government intelligence agencies reporting that Japanese Americans posed no military threat to the United States. The official reports, including those from the FBI under J. Edgar Hoover, had not been presented in court.
The 1984 decision from the U.S. District Court for the Northern District of California voided Korematsu's conviction and recognized the injustice of the World War II Japanese American "internment" program. The court wrote:
In 1983, however, the case was reopened on the basis of government misconduct, and new evidence was presented. Korematsu's legal team showed that the government had intentionally suppressed or destroyed evidence from government intelligence agencies reporting that Japanese Americans posed no military threat to the United States. The official reports, including those from the FBI under J. Edgar Hoover, had not been presented in court.
The 1984 decision from the U.S. District Court for the Northern District of California voided Korematsu's conviction and recognized the injustice of the World War II Japanese American "internment" program. The court wrote:
Fred Korematsu is a native born citizen of the United States. He is of Japanese ancestry. On September 8, 1942 he was convicted in this court of being in a place from which all persons of Japanese ancestry were excluded pursuant to Civilian Exclusion Order No. 34 issued by Commanding General J.L. DeWitt. His conviction was affirmed....
It was uncontroverted at the time of conviction that petitioner was loyal to the United States and had no dual allegiance to Japan. He had never left the United States. He was registered for the draft and willing to bear arms for the United States.....
The question before the court is not so much whether the conviction should be vacated as what is the appropriate ground of relief...
In this case, the government...is not prepared to confess error. Yet is has not submitted any opposition.... Apparently the government would like this court to set aside the conviction without looking at the record in an effort to put this unfortunate episode in our country’s history behind us…
[But] Korematsu remains on the pages of our legal and political history...As historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees.... It stands at a caution that in times of international hostility and antagonisms our institutions, legislative, executive and judicial, must be prepared to exercise their authority to protect all citizens from the petty fears and prejudices that are so easily aroused.
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 296061
Full Citation: Opinion in United States v. Korematsu (Docket file 86); 4/19/1984; United States v. Korematsu; Criminal Case Files, ca. 1851 - 1986; Records of District Courts of the United States, Record Group 21; National Archives at San Francisco, San Bruno, CA. [Online Version, https://docsteach.org/documents/document/opinion-korematsu-1984, March 29, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.