Korematsu v. United States: A "Constant Caution" in a Time of Crisis

14 Pages Posted: 3 Dec 2019

See all articles by Susan K. Serrano

Susan K. Serrano

University of Hawaii at Manoa - William S. Richardson School of Law

Dale Minami

affiliation not provided to SSRN

Date Written: May 1, 2003

Abstract

Twenty years ago, in a crowded federal courtroom for the Northern District of California, Fred Korematsu uttered a simple request: “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.” Korematsu and his team of young lawyers were there that day to argue for vacating his 1942 conviction for disobeying military wartime exclusion and detention orders, and to end the public stigma of disloyalty imprinted by the original Korematsu decision onto the Japanese American community. On that day, November 19, 1983, forty years after the United States Supreme Court upheld his conviction, Judge Marilyn Hall Patel reversed Korematsu's conviction, acknowledging the “manifest injustice” done to him and to all those interned.

In the original 1944 Korematsu decision, the United States Supreme Court upheld the mass incarceration of 120,000 Americans of Japanese ancestry during World War II without charges, notice, trial or due process, and without any evidence of espionage and sabotage by persons of Japanese ancestry. Now, it appears, Korematsu and the national security and civil liberties tensions that it embodies have reemerged in the wake of the September 11, 2001 terrorist attacks. When the government abuses its national security powers, and is challenged, will the Supreme Court overlook Judge Patel's warning and blindly adopt a deferential as opposed to a heightened standard of review in evaluating the government's contention of “national security” or “military necessity?” What is the significance of the original Korematsu case and later coram nobis cases to Asian Americans? To all those concerned about justice in America? To our country and its legal institutions?

Keywords: Japanese Americans, Asian Americans, race, civil liberties, Korematsu, coram nobis

Suggested Citation

Serrano, Susan K. and Minami, Dale, Korematsu v. United States: A "Constant Caution" in a Time of Crisis (May 1, 2003). Berkeley Asian Law Journal, Vol. 10, 2003, University of Hawai’i Richardson School of Law Research Paper No. 3488529, Available at SSRN: https://ssrn.com/abstract=3488529

Susan K. Serrano (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States

Dale Minami

affiliation not provided to SSRN

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