Ex parte Endo
Encyclopedia
Ex parte Endo, or Ex parte Mitsuye Endo, 323 U.S. 283 (1944), was a United States Supreme Court decision, handed down on December 18, 1944, the same day as their decision in Korematsu v. United States
. In their decision, the Supreme Court ruled that, regardless of whether the United States Government had a right to exclude people of Japanese
ancestry from the West Coast
during World War II
, they could not continue to detain a citizen that the government itself conceded was loyal to the United States
. This decision helped lead to the re-opening of the West Coast for resettlement by Japanese-American
citizens following their internment in camps across the United States during World War II.
Mitsuye Endo, the plaintiff in the case, was evacuated from Sacramento, California
, in 1942, pursuant to Executive Order 9066
and was removed to the Tule Lake War Relocation Center
located in Modoc County, California
. In July, 1942, she filed a petition for a writ of habeas corpus in the United States District Court for the Northern District of California, asking that she be discharged and restored to liberty. That petition was denied by the District Court in July, 1943, and an appeal was perfected to the United States Court of Appeals for the Ninth Circuit in August, 1943.
The court also found as part of this decision that if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program.
The unanimous opinion was written by William O. Douglas
, with Frank Murphy
and Owen Roberts
concurring.
Korematsu v. United States
Korematsu v. United States, 323 U.S. 214 , was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II....
. In their decision, the Supreme Court ruled that, regardless of whether the United States Government had a right to exclude people of Japanese
Ethnic Japanese
Ethnic Japanese may mean:* Japanese people, when referring to people of Japanese descent** May also be used as a term to refer to the Yamato people as opposed to the minority peoples of Japan: the Ainu, Ryukyuans, Burakumin and immigrant groups such as the Han Chinese and Koreans.* Japanese...
ancestry from the West Coast
West Coast of the United States
West Coast or Pacific Coast are terms for the westernmost coastal states of the United States. The term most often refers to the states of California, Oregon, and Washington. Although not part of the contiguous United States, Alaska and Hawaii do border the Pacific Ocean but can't be included in...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, they could not continue to detain a citizen that the government itself conceded was loyal to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. This decision helped lead to the re-opening of the West Coast for resettlement by Japanese-American
Japanese American
are American people of Japanese heritage. Japanese Americans have historically been among the three largest Asian American communities, but in recent decades have become the sixth largest group at roughly 1,204,205, including those of mixed-race or mixed-ethnicity...
citizens following their internment in camps across the United States during World War II.
Mitsuye Endo, the plaintiff in the case, was evacuated from Sacramento, California
Sacramento, California
Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...
, in 1942, pursuant to Executive Order 9066
Executive Order 9066
United States Executive Order 9066 was a United States presidential executive order signed and issued during World War II by U.S. President Franklin D. Roosevelt on February 19, 1942 authorizing the Secretary of War to prescribe certain areas as military zones...
and was removed to the Tule Lake War Relocation Center
Tule Lake War Relocation Center
Tule Lake Segregation Center National Monument was an internment camp in the northern California town of Newell near Tule Lake. It was used in the Japanese American internment during World War II. It was the largest and most controversial of the camps, and did not close until after the war, in...
located in Modoc County, California
Modoc County, California
Modoc County is a county located in the far northeast corner of the U.S. state of California, bounded by the state of Oregon to the north and the state of Nevada to the east. As of the 2010 census, its population was 9,686, up from 9,449 at the 2000 census. The current county seat is Alturas, the...
. In July, 1942, she filed a petition for a writ of habeas corpus in the United States District Court for the Northern District of California, asking that she be discharged and restored to liberty. That petition was denied by the District Court in July, 1943, and an appeal was perfected to the United States Court of Appeals for the Ninth Circuit in August, 1943.
The court also found as part of this decision that if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program.
The unanimous opinion was written by William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, with Frank Murphy
Frank Murphy
William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...
and Owen Roberts
Owen Josephus Roberts
Owen Josephus Roberts was an Associate Justice of the United States Supreme Court for fifteen years. He also led the fact-finding commission that investigated the attack on Pearl Harbor. At the time of World War II, he was the only Republican appointed Judge on the Supreme Court of the United...
concurring.
See also
- Japanese American InternmentJapanese American internmentJapanese-American internment was the relocation and internment by the United States government in 1942 of approximately 110,000 Japanese Americans and Japanese who lived along the Pacific coast of the United States to camps called "War Relocation Camps," in the wake of Imperial Japan's attack on...
- Yasui v. United StatesYasui v. United StatesYasui v. United States, 320 U.S. 115 was a United States Supreme Court case regarding the constitutionality of curfews used during World War II when they were applied to citizens of the United States. The case arose out of the implementation of Executive Order 9066 by the U.S...
- List of United States Supreme Court cases, volume 323