LOCATION: San Leandro, CA
DOCKET NO.: 22
DECIDED BY: Stone Court (1943-1945)
ARGUED: Oct 11, 1944 / Oct 12, 1944
DECIDED: Dec 18, 1944
Charles Fahy – Solicitor General, Department of Justice, for the respondent
Charles A. Horsky – for the petitioner
Wayne M. Collins – for the petitioner
Facts of the case
During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu remained in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S. Army.
Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?