Korematsu v. United States

Week 11 — Race — Strict Scrutiny

Facts

  • During WWII, Congress prohibited Japanese-American citizens from occupying "military zones" on the West Coast.
  • Korematsu, a U.S. citizen of Japanese descent, was convicted for remaining in such a zone.
  • The government justified the order on grounds of furthering the war effort and preventing espionage.

Issue

Whether the wartime exclusion of Japanese-American citizens from designated military zones survived strict scrutiny under the Equal Protection guarantee.

Holding

Yes. The classification was upheld.

Reasoning

  • Pressing public necessity—especially during wartime—may constitute a compelling purpose under strict scrutiny.
  • The government's interests in furthering the war effort and preventing espionage were compelling.
  • "Hardships are a part of war."

Notes

  • Korematsu is no longer good law.
  • In Trump v. Hawaii, the Court declared that "Korematsu was gravely wrong the day it was decided."
  • Korematsu is the rare example of government action withstanding strict scrutiny in the racial-classification context — and even that result has been formally repudiated.