Hirabayashi v. United States
- Hirabayashi v. United States
SCOTUSCase
Litigants=Hirabayashi v. United States
ArgueDateA=May 10
ArgueDateB=11
ArgueYear=1943
DecideDate=June 21
DecideYear=1943
FullName=Gordon Kiyoshi Hirabayashi v. United States
USVol=320
USPage=81
Citation=63 S. Ct. 1375; 87 L. Ed. 1774; 1943 U.S. LEXIS 1109
Prior=Certificate from the Circuit Court of Appeals for the Ninth Circuit
Subsequent=
Holding=The Court held that the application of curfews against members of a minority group was constitutional when the nation was at war with the country from which that group originated.
SCOTUS=1943-1945
Majority=Stone
JoinMajority=Roberts, Black, Reed, Frankfurter, Jackson
Concurrence=Douglas
Concurrence2=Murphy
Concurrence3=Rutledge
LawsApplied=United States Executive Order 9066; U.S. Const.
"Hirabayashi v. United States", 320 U.S. 81 (1943)ref|citation, was a case in which the United States Supreme Court held that the application of curfews against members of a minority group were constitutional when the nation was at war with the country from which that group originated. "Yasui v. United States" was a companion case decided the same day.
Facts
Following the attack on Pearl Harbor President Franklin D. Roosevelt issued executive orders permitting the military to exclude certain persons from "military areas." The defendant, Gordon Kiyoshi Hirabayashi, was a University of Washington student. Hirabayashi was convicted of violating a curfew and relocation order, and his appeal of this conviction reached the Supreme Court.
Later developments
This case has been largely overshadowed by "Korematsu v. United States", 323 U.S. 214 (1944), decided the following term.
In 1986 and 1987, Hirabayashi's convictions on both charges were overturned by the U.S. District Court in Seattle and the Federal Appeals Court.
ee also
*United States Executive Order 9066
*Japanese American internment
*List of United States Supreme Court cases, volume 320
External links
*caselaw source
case="Hirabayashi v. United States", 320 U.S. 81 (1943)
enfacto=http://www.enfacto.com/case/U.S./320/81/
findlaw=http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=320&page=81
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