Korematsu v. United States Decided December 18, 1944 MR. JUSTICE BLACK delivered the opinion of the Court. MR. JUSTICE FRANKFURTER, concurring. MR. JUSTICE ROBERTS, MR. JUSTICE MURPHY, and MR. JUSTICE JACKSON, dissenting. CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. CERTIORARI, 321 U.S. 760, to review the affirmance of a judgment of conviction. 1. Civilian Exclusion Order No. 34 which, during a state of war with Japan and as a protection against espionage and sabotage, was promulgated …
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…in this time of war in our military leaders -- as inevitably it must -- determined that they should have the power to do just this. There was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and time was short. We cannot -- by availing ourselves of the calm perspective of hindsight -- now say that at that time these actions were unjustified. Affirmed.