Korematsu refused to comply with the order and fled from his home in San Leandro, California to Oakland. Korematsu was soon captured and convicted, but he appealed the decision. Although the Supreme Court ruled against him 6-3, the decision was overturned in 1983.
In the original Supreme Court ruling, dissenting Justice Robert Jackson said that the only crime Korematsu committed was “being present in the state whereof he is a citizen, near the place where he was born and where all his life he has lived.” Justice Frank Murphy called the executive order “legalization of racism.”
“It is the case of convicting a citizen as a punishment for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States,” they wrote. “If this be a correct statement of the facts disclosed by this record, and facts of which we take judicial notice, I need hardly labor the conclusion that Constitutional rights have been violated.”And now, more than 70 years later, history is almost repeating itself, where whole groups of people are being persecuted not because they did anything wrong, but because they are assumed to already be guilty just simply for who they are.
Zz.
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