7/30/2023 0 Comments Mitsuye endo medal of honorHirabayashi, Korematsu, and Yasui, obtained judgments of misconduct by government lawyers in the wartime Supreme Court cases, obtained Congressional redress and multiple Presidential apologies for camp survivors, won Presidential revocation of Executive Order 9066, and even a confession of error from an Acting Solicitor General of the United States for his wartime predecessor's suppression of evidence that there was no military necessity for the actions taken against Japanese Americans. However, in the 1980s and afterward, a new generation of lawyers and the public, led primarily by Asian Americans, vacated the convictions of Messrs. Seventy-five years ago, lawyers and their bar associations, including the Washington State Bar Association, remained silent, except for a brave few. Meanwhile, government lawyers and courts imposed and enforced wartime restrictions against Japanese Americans. The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Jackson, one of three dissenting justices in the Korematsu case which upheld the constitutionality of Fred Korematsu's removal, warned that ".once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination. The wartime Supreme Court cases belong to a small, but odious, group of cases in American legal history that rationalized bigotry, and the Supreme Court has never overturned them. Justice Robert H. The Supreme Court avoided ruling on the constitutionality of the initial incarceration of Japanese Americans that resulted from their removal and exclusion. The Court ducked the question again in the case of Mitsuye Endo, a typist, but ordered her release following three years behind barbed wire, not finding any authority for further incarceration of an admittedly loyal US citizen. Ms. They challenged the constitutionality of their convictions in landmark US Supreme Court cases, and lost. citizens Gordon Hirabayashi, a University of Washington student, Minoru Yasui, a lawyer in Oregon, and Fred Korematsu, a welder in California. government prosecuted Japanese Americans on the West Coast that did not comply with the curfew, exclusion, and removal orders, such as U.S. citizens residing on the West Coast, for curfews, exclusion, removal, and incarceration under the guise of military necessity. Trump announced the first of a series of Executive Orders imposing a travel ban on refugees and citizens of certain Muslim-majority countries.Įxecutive Order 9066, racially neutral on its face, resulted in the targeting of 120,000 persons of Japanese ancestry, including U.S. At about the same time, President Donald J. The Board of Governors of the Washington State Bar Association, meeting at Gonzaga University in Spokane on the morning of January 27, 2017, unanimously passed a Day of Remembrance resolution to recognize the 75th anniversary of President Franklin D.
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