Supreme Court’s 1943 Hirabayashi v. United States Decision Hirabayashi v. United States (1987)

united states supreme court building

on may 10 , 11, 1943, united states supreme court heard oral arguments in hirabayashi v. united states, 320 u.s. 81 (1943), determine whether curfew orders unconstitutionally discriminated between citizens of japanese ancestry , of other ancestries in violation of fifth amendment. ultimate decision before court whether restrictions justified military decisions, or whether restrictions based on racial prejudice.

hirabayashi’s legal team argued there no evidence of threat japanese americans on west coast justified racially based classification, , military orders based upon racial prejudice rather justified military emergency. justice department; however, justified exclusion , curfew orders because during time of war, military did not have time or resources segregate loyal disloyal. government explained cultural characteristics of japanese americans, including religion , education, made some, though not all, american citizens of japanese ancestry disloyal. because of military urgency during time of war, government did not wait segregate loyal disloyal. government explained orders method of removing unknown number of japanese persons might assist japanese invasion in short amount of time, , not program sifting out such persons in indefinite future.

on june 21, 1943, supreme court delivered opinion in hirabayashi v. united states in favor of government. chief justice harlan f. stone delivered opinion, , convinced racial classification justifiable matter of military expediency; , without evidence contrary, concluded military orders based upon military justification , not upon racial prejudice. justice william o. douglas writes in concurring opinion, guilt personal under our constitutional system. detention reasonable cause 1 thing. detention on account of ancestry another.