![]() ![]() ![]() The Korematsu opinion was the first instance in which the Supreme Court applied the strict scrutiny standard of review to racial discrimination by the government it is one of only a handful of cases in which the Court held that the government met that standard. Roberts all criticized the exclusion as racially discriminatory Murphy wrote that the exclusion of Japanese "falls into the ugly abyss of racism" and resembled "the abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy." Dissenting justices Frank Murphy, Robert H. decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast" during the war against Japan. Black wrote that "Korematsu was not excluded from the Military Area because of hostility to him or his race", but rather "because the properly constituted military authorities. In a majority opinion joined by five other justices, Associate Justice Hugo Black held that the need to protect against espionage by Japan outweighed the rights of Americans of Japanese ancestry. However, a 23-year-old Japanese-American man, Fred Korematsu, refused to leave the exclusion zone and instead challenged the order on the grounds that it violated the Fifth Amendment. Army military command charged with coordinating the defense of the West Coast of the United States, ordered "all persons of Japanese ancestry, including aliens and non-aliens" to relocate to internment camps. ![]() Subsequently, the Western Defense Command, a U.S. War Department to create military areas from which any or all Americans might be excluded. Roosevelt had issued Executive Order 9066 on February 19, 1942, authorizing the U.S. In the aftermath of Imperial Japan's attack on Pearl Harbor, President Franklin D. ![]()
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