Korematsu v. United States
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Overruled
- Overruled by Trump v. Hawaii (2018)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2437: Trump v. Hawaii, No. 17-965 (U.S. June 26, 2018) — Korematsu v. United States, 323 U.S. 214 (1944).
Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
1. Civilian Exclusion Order No. 34 which, during a state of war with Japan and as a protection against espionage and sabotage, was promulgated by the Commanding General of the Western Defense Command under authority of Executive Order No. 9066 and the Act of March 21, 1942, and which directed the exclusion after May 9, 1942 from a described West Coast military area of all persons of Japanese ancestry, held constitutional as of the time it was made and when the petitioner-an American citizen of Japanese descent whose home was in the described area-violated it. P. 219.
Printed on p. 214 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
2. The provisions of other orders requiring persons of Japanese ancestry to report to assembly centers and providing for the detention of such persons in assembly and relocation centers were separate, and their validity is not in issue in this proceeding. P. 222.
Printed on p. 214 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
3. Even though evacuation and detention in the assembly center were inseparable, the order under which the petitioner was convicted was nevertheless valid. P. 223.
Printed on p. 215 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
140 F. 2d 289, affirmed.
Printed on p. 215 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “Korematsu v. United States, 323 U.S. 214 (1944)”:
- overruled by Trump v. Hawaii (table of overruled decisions)