Editing Executive Order 9066 (section)

== Court challenges ==

=== Korematsu v. United States ===
{{Main|Korematsu v. United States}}
[[File:Gordon Hirabayashi, Minoru Yasui, and Fred Korematsu.jpg|thumb|Gordon Hirabayashi, Minoru Yasui, Fred Korematsu]]
After the signing of Executive Order 9066 in February 1942, all Japanese Americans were required to be removed from their homes and moved into military camps as a matter of national security.<ref>{{Cite web |date=April 18, 2024 |title=Korematsu v. United States |url=https://www.oyez.org/cases/1940-1955/323us214 |access-date=April 18, 2024 |website=Oyez.org |language=en}}</ref> [[Fred Korematsu]], 23 at the time, was someone who elected not to comply, unlike his parents who left their home and flower nursery behind. Instead, Korematsu had plastic surgery to alter the appearance of his eyes and changed his name to Clyde Sarah, claiming Spanish and Hawaiian heritage.<ref name="uscourts.gov">{{Cite web |title=Facts and Case Summary — Korematsu v. U.S. {{!}} United States Courts |url=https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-korematsu-v-us |access-date=April 18, 2024 |website=www.uscourts.gov |language=en}}</ref> Six months later, on May 30, Korematsu was arrested for violating the order, leading to a trial in a San Francisco Federal Court. His case was presented by the American Civil Liberties Union, which attempted to challenge whether this order was constitutional or not. After losing the case, Korematsu appealed the decision all the way to the Supreme Court, where in a 6–3 decision, the order remained for reason of "military necessity."<ref name="uscourts.gov"/>

=== Hirabayashi v. United States ===
{{Main|Hirabayashi v. United States}}
Included in FDR's order was a curfew starting at 8pm and ended at 6 am for all those of Japanese descent.<ref name="Justia Law">{{Cite web |title=Hirabayashi v. United States, 320 U.S. 81 (1943) |url=https://supreme.justia.com/cases/federal/us/320/81/ |access-date=April 18, 2024 |website=Justia Law |language=en}}</ref> University of Washington student, [[Gordon Hirabayashi]], refused to abide by the order in an act of civil disobedience, resulting in his arrest.<ref>{{Cite web |date=January 11, 2012 |title=Remembering Gordon Hirabayashi {{!}} ACLU |url=https://www.aclu.org/news/racial-justice/remembering-gordon-hirabayashi |access-date=April 18, 2024 |website=American Civil Liberties Union |language=en-US}}</ref> Similar to Korematsu's case, it was appealed and up to the Supreme Court. It was held by the Supreme Court in a unanimous decision that his arrest was constitutional on the basis of military necessity. He was sentenced six months in prison as a result of his civil disobedience.<ref name="Justia Law" />

=== Yasui v. United States ===
{{Main|Yasui v. United States}}
Earning his JD in 1939 from the University of Oregon, [[Minoru Yasui]] was the first Japanese American attorney admitted to the state of Oregon's bar. He began working at a consulate in Chicago for the Japanese government, but resigned shortly after the attack on Pearl Harbor. Returning to Oregon, where he was born, he tried to join the US Army but was denied.<ref name="law.uoregon.edu">{{Cite web |title=Minoru Yasui, JD '39 {{!}} School of Law |url=https://law.uoregon.edu/about/history/yasui |access-date=April 18, 2024 |website=law.uoregon.edu}}</ref> He was arrested in December 1941 for violating the military curfew, leading to his arrest and freezing of his assets. Looking to test the constitutionality of the curfew, Yasui turned himself into the police station at 11pm, five hours past the curfew.<ref>{{Cite book |last=Irons |first=Peter H. |url=http://archive.org/details/justiceatwar00iron |title=Justice at war |date=1983 |publisher=New York : Oxford University Press |others=Internet Archive |isbn=978-0-19-503273-4}}</ref> Yasui was found guilty of violating this curfew and was fined $5000 for not being a US citizen, despite being born in Oregon. He served a one-year prison sentence.<ref name="law.uoregon.edu" /> Yasui appealed his case up to the Supreme Court, where it was held that the curfew was constitutional based on [[military necessity]].<ref>{{Cite web |title=Yasui v. United States, 320 U.S. 115 (1943) |url=https://supreme.justia.com/cases/federal/us/320/115/ |access-date=April 18, 2024 |website=Justia Law |language=en}}</ref>

=== Reopening and justice ===
In 1983, [[Peter Irons]] and [[Aiko Herzig-Yoshinaga]] discovered crucial evidence that allowed for them to petition to reopen the Korematsu case.<ref name="uscourts.gov"/> The evidence was a copy of Lieutenant Commander K.D. Ringle's original report by the US Navy, which had not been destroyed. The report was in response to the question of Japanese loyalty to the US. It was stated in the report that Japanese Americans did not truly pose a threat to the US government, showing that the passage of Executive Order 9066 was entirely based on the false pretense that Japanese Americans were "enemy aliens."<ref>{{Cite web |title=Ringle Report on Japanese Internment (12/30/1941) |url=https://famous-trials.com/korematsu/2567-ringle-report-on-japanese-internment-12-30-1941 |access-date=April 18, 2024 |website=famous-trials.com}}</ref> This new found evidence was a document that failed to be destroyed by the US government which included government intelligence agencies citing that Japanese Americans posed no military threat.<ref name="uscourts.gov" /> The cases of [[Fred Korematsu|Korematsu]], [[Hirabayashi v. United States (1987)|Hirabayashi]], and [[Yasui]] were reopened and overturned on the basis of government misconduct on November 10, 1983.<ref name="Korematsu Institute">{{Cite web |title=Fred's Story |url=https://korematsuinstitute.org/freds-story/ |access-date=April 18, 2024 |website=Korematsu Institute |language=en-US}}</ref> In 2010, the state of California passed a bill that would name January 30 [[Fred Korematsu Day]], making this the first day to be named after an Asian American.<ref name="Korematsu Institute" /> ''[[Korematsu v. United States]]'' was officially overturned in 2018, with Justice [[Sonia Sotomayor]], describing the case as "gravely wrong the day it was decided."<ref>{{Cite web |title=On this day, the Supreme Court issues the Korematsu decision {{!}} Constitution Center |url=https://constitutioncenter.org/blog/on-this-day-the-supreme-court-issues-the-korematsu-decision |access-date=2024-04-22 |website=National Constitution Center – constitutioncenter.org |language=en}}</ref>