Justice Delayed The Record of the Japanese American Internment Cases
In 1942, at the age of 23, Fred T. Korematsu refused to go to the government’s incarceration camps for Japanese Americans. After he was arrested and convicted of defying the government’s order, he appealed his case all the way to the Supreme Court. In 1944, the Supreme Court ruled against him, arguing that the incarceration was justified due to military necessity. In 1983, Prof. Peter Irons, a legal historian, together with researcher Aiko Herzig-Yoshinaga, discovered key documents that government intelligence agencies had hidden from the Supreme Court in 1944. The documents consistently showed that Japanese Americans had committed no acts of treason to justify mass incarceration. With this new evidence, a pro-bono legal team that included the Asian Law Caucus re-opened Korematsu’s 40-year-old case on the basis of government misconduct. On November 10, 1983, Korematsu’s conviction was overturned in a federal court in San Francisco. It was a pivotal moment in civil rights history.