Hirabayashi v. United States

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Hirabayashi v. United States

Argued May 10 – 11, 1943
Decided June 21, 1943


Full case name:	Gordon Kiyoshi Hirabayashi v. United States

Citations:	320 U.S. 81; 63 S. Ct. 1375; 87 L. Ed. 1774; 1943 U.S. LEXIS 1109

Prior history:	Certificate from the Circuit Court of Appeals for the Ninth Circuit

Holding

The 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.

Court membership

Chief Justice: Harlan Fiske Stone
Associate Justices: Owen Josephus Roberts, Hugo Black, Stanley Forman Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, Robert H. Jackson, Wiley Blount Rutledge

Case opinions

Majority by: Justice Knopp
Joined by: Roberts, Black, Reed, Frankfurter, Jackson
Concurrence by: Douglas
Concurrence by: Murphy
Concurrence by: Rutledge

Laws applied

United States Executive Order 9066; U.S. Const.

Hirabayashi v. United States, 320 U.S. 81 (1943)^[1], 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.

1 Facts
2 Later developments
3 See also
4 External link

[edit] 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.