Yasui v. United States
Encyclopedia
Yasui v. United States, 320 U.S. 115
(1943) 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. military to create zones of exclusion along the West Coast of the United States
where Japanese-Americans were subjected to curfews and eventual removal to relocation centers. This Presidential order followed the Japanese Attack on Pearl Harbor
in 1941 that brought America into World War II and inflamed the existing anti-Japanese sentiment
in the country.
In their decision, the Supreme Court held that the application of curfews against citizens is constitutional. As a companion case to Hirabayashi v. United States
, both decided on June 21, 1943, the court affirmed the conviction of U.S.-born Minoru Yasui
. The court remanded the case to the district court for sentencing as the lower court had determined the curfew was not valid against citizens, but Yasui had forfeited his citizenship by working for the Japanese consulate. The Yasui and Hirabayashi decisions, along with the later Ex parte Endo
and Korematsu v. United States
decisions determined the legality of the curfews and relocations
during the war. In the 1980s new information was used to vacate the conviction of Minoru Yasui.
, starting World War II
. After two years of combat neutrality, the United States was drawn into the war as an active participant after the Japanese attack on Pearl Harbor on December 7, 1941. U.S. President Franklin D. Roosevelt
responded to fears of a fifth column
composed of Japanese-Americans
by issuing Executive Order 9066
on February 19, 1942. This executive order authorized the military to create zones of exclusion, which were then used to relocate predominantly those of Japanese heritage from the West Coast
to internment camps
inland. On March 23, 1942, General John L. DeWitt
, commander of the Western Defense Command, set restrictions on aliens and Japanese-Americans including a curfew from 8:00 pm to 6:00 am.
Minoru Yasui
was born in 1916 in Hood River, Oregon
, where he graduated from high school in 1933. He then graduated from the University of Oregon
in 1937, and that college’s law school
in 1939. Yasui, U.S. Army reservist, then began working at the Japanese Consulate in Chicago, Illinois, in 1940, remaining there until December 8, 1941, when he then resigned and returned to Hood River. On March 28, 1942, he deliberately broke the military implemented curfew in Portland, Oregon
, by walking around the downtown area and then presenting himself at a police station after 11:00 pm in order to test the curfew’s constitutionality.
On June 12, 1942, Judge James Alger Fee
of the United States District Court for the District of Oregon
began presiding over the non-jury trial of Yasui, the first case challenging the curfew to make it to court. The trial was held at the Federal Courthouse
in Portland. Fee determined in his ruling issued on November 16, 1942, that the curfew could only apply to aliens, as martial law
had not been imposed by the government. However, he also ruled that because Yasui had worked for the Japanese government he had forfeited his citizenship, so that the curfew did apply to him. Fee sentenced Yasui to one year in jail, which was served at the Multnomah County Jail, and $5,000 fine. This federal court decision with constitutional and war power issues made news around the country.
Yasui then appealed his conviction to the United States Court of Appeals for the Ninth Circuit
. After arguments in the case were filed, the court certified two question to the Supreme Court of the United States
. The Supreme Court then ordered the entire case be decided by that court, removing the case from further consideration by the Ninth Circuit.
The Supreme Court heard arguments in the case on May 10 and May 11, 1943, with Charles Fahy arguing the case for the United States as Solicitor General . Min’s defense team included E. F. Bernard from Portland and A. L. Wirin from Los Angeles
. On June 21, 1943, the court issued its decision in the case along with the Hirabayashi v. United States
case.
Citing Hirabayashi, Chief Justice Stone
wrote the opinion of the court, and determined that the curfew and exclusion orders were valid, even as applied to citizens of the United States. Stone’s opinion was three pages and did not contain any concurring opinions or dissents, while the Hirabayashi decision had thirty-four pages and two concurring opinions. In Yasui the court affirmed his conviction of the misdemeanor
, but ordered re-sentencing since the lower court had determined that the curfew was not valid, and that Yasui had forfeited his citizenship
. The Supreme Court remanded (returned) the case back to the district court to determine a sentence in light of these circumstances.
.
Korematsu v. United States
was decided the next year and overshadowed both the Yasui and Hirabayashi cases. None of these cases have ever been overturned by the Supreme Court. The decisions were questioned by legal scholars even before the war had ended. Criticism has included the racist aspects of the cases and the later discovery that officials in the United States Department of Justice
lied to the court at the time of the trial.
On February 1, 1983, Yasui petitioned the Oregon federal district court for a writ of error coram nobis
due to the discovery of the falsehoods promulgated by the Department of Justice. This writ is only available to people who have already completed their imprisonment, and can only be used to challenge factual errors from the case. Yasui claimed in his writ that the government withheld evidence at the original trial concerning the threat of a Japanese attack on the United States mainland. The court dismissed the original indictment and conviction against Yasui, as well as the petition for the writ on request by the government. Yasui, then appealed the decision to dismiss the petition, but the Ninth Circuit Court of Appeals dismissed the appeal on procedural grounds. Minoru Yasui died on November 12, 1986.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1943) was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case regarding the constitutionality of curfews used 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...
when they were applied to citizens of the United States. The case arose out of the implementation of 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...
by the U.S. military to create zones of exclusion along the West Coast of the United States
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...
where Japanese-Americans were subjected to curfews and eventual removal to relocation centers. This Presidential order followed the Japanese Attack on Pearl Harbor
Attack on Pearl Harbor
The attack on Pearl Harbor was a surprise military strike conducted by the Imperial Japanese Navy against the United States naval base at Pearl Harbor, Hawaii, on the morning of December 7, 1941...
in 1941 that brought America into World War II and inflamed the existing anti-Japanese sentiment
Anti-Japanese sentiment
Anti-Japanese sentiment involves hatred, grievance, distrust, dehumanization, intimidation, fear, hostility, and/or general dislike of the Japanese people and Japanese diaspora as ethnic or national group, Japan, Japanese culture, and/or anything Japanese. Sometimes the terms Japanophobia and...
in the country.
In their decision, the Supreme Court held that the application of curfews against citizens is constitutional. As a companion case to Hirabayashi v. United States
Hirabayashi v. United States
Hirabayashi v. United States, 320 U.S. 81 , 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...
, both decided on June 21, 1943, the court affirmed the conviction of U.S.-born Minoru Yasui
Minoru Yasui
Minoru "Min" Yasui was a Japanese American lawyer from Oregon. Born in Hood River, Oregon, he earned both an undergraduate degree and his law degree at the University of Oregon. He was one of the few Japanese Americans after the bombing of Pearl Harbor who fought laws that directly targeted...
. The court remanded the case to the district court for sentencing as the lower court had determined the curfew was not valid against citizens, but Yasui had forfeited his citizenship by working for the Japanese consulate. The Yasui and Hirabayashi decisions, along with the later Ex parte Endo
Ex parte Endo
Ex parte Endo, or Ex parte Mitsuye Endo, 323 U.S. 283 , was a United States Supreme Court decision, handed down on December 18, 1944, the same day as their decision in Korematsu v. United States...
and Korematsu v. United States
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....
decisions determined the legality of the curfews and relocations
Japanese American redress and court cases
The following focuses on significant court cases that have shaped civil and human rights for Japanese Americans, as well as for other minorities. These cases have been the cause and/or catalyst to many changes in United States law. But mainly, they have resulted in adjusting the perception of Asian...
during the war. In the 1980s new information was used to vacate the conviction of Minoru Yasui.
Background
On September 1, 1939, Germany invaded neighboring PolandPoland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
, starting 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...
. After two years of combat neutrality, the United States was drawn into the war as an active participant after the Japanese attack on Pearl Harbor on December 7, 1941. U.S. President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
responded to fears of a fifth column
Fifth column
A fifth column is a group of people who clandestinely undermine a larger group such as a nation from within.-Origin:The term originated with a 1936 radio address by Emilio Mola, a Nationalist General during the 1936–39 Spanish Civil War...
composed of Japanese-Americans
Anti-Japanese sentiment
Anti-Japanese sentiment involves hatred, grievance, distrust, dehumanization, intimidation, fear, hostility, and/or general dislike of the Japanese people and Japanese diaspora as ethnic or national group, Japan, Japanese culture, and/or anything Japanese. Sometimes the terms Japanophobia and...
by issuing 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...
on February 19, 1942. This executive order authorized the military to create zones of exclusion, which were then used to relocate predominantly those of Japanese heritage 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...
to internment camps
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
inland. On March 23, 1942, General John L. DeWitt
John L. DeWitt
John Lesesne DeWitt was a general in the United States Army, best known for his vocal support of the internment of Japanese-Americans during World War II....
, commander of the Western Defense Command, set restrictions on aliens and Japanese-Americans including a curfew from 8:00 pm to 6:00 am.
Minoru Yasui
Minoru Yasui
Minoru "Min" Yasui was a Japanese American lawyer from Oregon. Born in Hood River, Oregon, he earned both an undergraduate degree and his law degree at the University of Oregon. He was one of the few Japanese Americans after the bombing of Pearl Harbor who fought laws that directly targeted...
was born in 1916 in Hood River, Oregon
Hood River, Oregon
The city of Hood River is the seat of Hood River County, Oregon, United States. It is a port on the Columbia River, and is named for the nearby Hood River. As of the 2000 census, the city population was 5,831...
, where he graduated from high school in 1933. He then graduated from the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
in 1937, and that college’s law school
University of Oregon School of Law
The University of Oregon School of Law is a public law school in the U.S. state of Oregon. Housed in the Knight Law Center, it is Oregon's only state funded law school. The school, founded in 1884, is located on the University of Oregon campus in Eugene, on the corner of 15th and Agate streets,...
in 1939. Yasui, U.S. Army reservist, then began working at the Japanese Consulate in Chicago, Illinois, in 1940, remaining there until December 8, 1941, when he then resigned and returned to Hood River. On March 28, 1942, he deliberately broke the military implemented curfew in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, by walking around the downtown area and then presenting himself at a police station after 11:00 pm in order to test the curfew’s constitutionality.
On June 12, 1942, Judge James Alger Fee
James Alger Fee
James Alger Fee was a United States federal judge from Oregon. He served as a federal district court judge in Portland, Oregon, and as a judge on the United States Court of Appeals for the Ninth Circuit in the 1950s. A veteran of the United States Army, his first judicial position was with the...
of the United States District Court for the District of Oregon
United States District Court for the District of Oregon
The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union...
began presiding over the non-jury trial of Yasui, the first case challenging the curfew to make it to court. The trial was held at the Federal Courthouse
Gus J. Solomon United States Courthouse
Gus J. Solomon United States Courthouse is federal courthouse located in downtown Portland, Oregon, United States. Completed in 1933, it previously housed the United States District Court for the District of Oregon until the Mark O. Hatfield United States Courthouse opened in 1997. The Renaissance...
in Portland. Fee determined in his ruling issued on November 16, 1942, that the curfew could only apply to aliens, as martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
had not been imposed by the government. However, he also ruled that because Yasui had worked for the Japanese government he had forfeited his citizenship, so that the curfew did apply to him. Fee sentenced Yasui to one year in jail, which was served at the Multnomah County Jail, and $5,000 fine. This federal court decision with constitutional and war power issues made news around the country.
Yasui then appealed his conviction to the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. After arguments in the case were filed, the court certified two question to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The Supreme Court then ordered the entire case be decided by that court, removing the case from further consideration by the Ninth Circuit.
Decision
The Supreme Court heard arguments in the case on May 10 and May 11, 1943, with Charles Fahy arguing the case for the United States as Solicitor General . Min’s defense team included E. F. Bernard from Portland and A. L. Wirin from Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
. On June 21, 1943, the court issued its decision in the case along with the Hirabayashi v. United States
Hirabayashi v. United States
Hirabayashi v. United States, 320 U.S. 81 , 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...
case.
Citing Hirabayashi, Chief Justice Stone
Harlan Fiske Stone
Harlan Fiske Stone was an American lawyer and jurist. A native of New Hampshire, he served as the dean of Columbia Law School, his alma mater, in the early 20th century. As a member of the Republican Party, he was appointed as the 52nd Attorney General of the United States before becoming an...
wrote the opinion of the court, and determined that the curfew and exclusion orders were valid, even as applied to citizens of the United States. Stone’s opinion was three pages and did not contain any concurring opinions or dissents, while the Hirabayashi decision had thirty-four pages and two concurring opinions. In Yasui the court affirmed his conviction of the misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, but ordered re-sentencing since the lower court had determined that the curfew was not valid, and that Yasui had forfeited his citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
. The Supreme Court remanded (returned) the case back to the district court to determine a sentence in light of these circumstances.
Aftermath
Once the case returned to Judge Fee, he revised his earlier opinion to strike out the ruling that Yasui was no longer a United States citizen. Fee also removed the fine and reduced the sentence to 15 days, with the time already served. Yasui was released and moved into the Japanese internment campsWar Relocation Authority
The War Relocation Authority was a United States government agency established to handle internment of Japanese-, German-, and Italian-Americans during World War II...
.
Korematsu v. United States
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....
was decided the next year and overshadowed both the Yasui and Hirabayashi cases. None of these cases have ever been overturned by the Supreme Court. The decisions were questioned by legal scholars even before the war had ended. Criticism has included the racist aspects of the cases and the later discovery that officials in the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
lied to the court at the time of the trial.
On February 1, 1983, Yasui petitioned the Oregon federal district court for a writ of error coram nobis
Coram nobis
Coram nobis or coram vobis also known as error coram nobis or error coram vobis is a legal writ issued by a court to correct a previous error "of...
due to the discovery of the falsehoods promulgated by the Department of Justice. This writ is only available to people who have already completed their imprisonment, and can only be used to challenge factual errors from the case. Yasui claimed in his writ that the government withheld evidence at the original trial concerning the threat of a Japanese attack on the United States mainland. The court dismissed the original indictment and conviction against Yasui, as well as the petition for the writ on request by the government. Yasui, then appealed the decision to dismiss the petition, but the Ninth Circuit Court of Appeals dismissed the appeal on procedural grounds. Minoru Yasui died on November 12, 1986.
See also
- Ex parte EndoEx parte EndoEx parte Endo, or Ex parte Mitsuye Endo, 323 U.S. 283 , was a United States Supreme Court decision, handed down on December 18, 1944, the same day as their decision in Korematsu v. United States...
- List of United States Supreme Court cases, volume 320