Key Facts– During World War II, people of Japanese ancestry were “excluded” from certain areas, without Due Process. This was to prevent espionage and sabotage. Korematsu sued in opposition to this, after having been convicted for remaining in San Leandro, California.
Issue– Is this order, if based in sufficient grounds in terms of military necessity, constitutional?
Result– Exclusion order upheld
Reasoning– Military necessity justifies actions against potential threats. Because there was evidence that some Japanese Americans were disloyal, and there was no efficient way to separate the loyal from the disloyal, this necessitated action against the group as a whole. This was not based in racism per se, and at the time, it seemed justified, so the Court declines to impose the knowledge they have in the present in judging the past decision.