Hirabayashi v. United States
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| Hirabayashi v. United States | ||||||||||||
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| Argued May 10 – 11, 1943 Decided June 21, 1943 |
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| Holding | ||||||||||||
| The Court held that the application of curfews against members of a minority group was constitutional when the nation was at war with the country from which that group originated. | ||||||||||||
| Court membership | ||||||||||||
| Chief Justice: Harlan Fiske Stone Associate Justices: Owen Josephus Roberts, Hugo Black, Stanley Forman Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, Robert H. Jackson, Wiley Blount Rutledge |
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| Case opinions | ||||||||||||
| Majority by: Stone Joined by: Roberts, Black, Reed, Frankfurter, Jackson Concurrence by: Douglas Concurrence by: Murphy Concurrence by: Rutledge |
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| Laws applied | ||||||||||||
| United States Executive Order 9066; U.S. Const. | ||||||||||||
Hirabayashi v. United States, 320 U.S. 81 (1943), was a case in which the United States Supreme Court held that the application of curfews against members of a minority group were constitutional when the nation was at war with the country from which that group originated. Yasui v. United States was a companion case decided the same day.
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[edit] Facts
Following the attack on Pearl Harbor President Franklin D. Roosevelt issued executive orders permitting the military to exclude certain persons from "military areas." The defendant, Gordon Kiyoshi Hirabayashi, was a University of Washington student. Hirabayashi was convicted of violating a curfew and relocation order, and his appeal of this conviction reached the Supreme Court.
[edit] Later developments
This case has been largely overshadowed by Korematsu v. United States, 323 U.S. 214 (1944), decided the following term.
In 1986 and 1987, Hirabayashi's convictions on both charges were overturned by the U.S. District Court in Seattle and the Federal Appeals Court.
[edit] See also
- United States Executive Order 9066
- Japanese American internment
- List of United States Supreme Court cases, volume 320
