CAPAC Marks 80 Years Since the Korematsu vs. United States Decision
WASHINGTON, D.C.— Today marks 80 years since the Supreme Court issued a ruling in the landmark case of Korematsu vs. United States, which ruled that Executive Order 9066 authorizing the relocation of over 120,000 people of Japanese ancestry to incarceration camps did not violate Japanese Americans’ rights. The court affirmed the conviction of Fred Korematsu, a Japanese American civil rights activist, who refused to relocate. In 2018, the Supreme Court rejected its 1944 decision in Korematsu with Chief Justice John Roberts writing that “Korematsu was gravely wrong the day it was decided” and “has no place in law under the Constitution.”
In recognition of the damaging legacy of the Korematsu ruling, CAPAC Members released the following statements:
CAPAC Chair Rep. Judy Chu (CA-28):
“The shameful legacy of Korematsu vs. United States reminds us of our duty to protect fundamental liberties for AANHPIs and other minority communities. The decision effectively labeled people of Japanese ancestry as threats to national security, justifying their forced exclusion from society. We remember the Korematsu ruling as one of our history's most egregious violations of civil liberties, but we also remember it as a testament to Fred Korematsu’s bravery and resilience. Fred made history when he challenged the U.S. government on its racial discrimination and stood up for himself and the 120,000 other Japanese Americans who were wrongly incarcerated. Despite the Supreme Court initially ruling against Fred’s case, he thankfully remained a fierce civil rights advocate for the rest of his life. After observing the unjust imprisonment of Muslim community members under the same pretext of national security following the September 11, 2001 attacks, he submitted several amicus briefs to the Supreme Court, cautioning the government against repeating the shameful errors of the past and enacting policy motivated by animus against a minority group. On the 80th anniversary of the Korematsu vs. United States case, we must recognize the ongoing impacts of this decision on AANHPI communities today and reaffirm our commitment to civil rights and equality for all.”
CAPAC Second Vice-Chair Rep. Mark Takano (CA-39):
“Today, we remember the deep debt we owe Fred Korematsu. 80 years ago, he stood before the Supreme Court on behalf of the over 120,000 Japanese Americans—including my own family—who had been forcibly removed from their homes and interned during World War 2. Although the Court incorrectly ruled against him, his courage to fight against injustice continues to be an inspiration to me and to us all. He embodies the American tradition of everyday people thrust into extraordinary circumstances. Fred Korematsu’s heroism and bravery are reminders that we must demand our nation live up to the promises of the Constitution.”
Sen. Tammy Duckworth (IL):
“As our nation marks 80 years since the Supreme Court upheld the wrongful internment of more than 120,000 Japanese Americans in its disastrous Korematsu v. U.S. decision, now is the time to reflect on this dark chapter and renew our pledge to never allow these sorts of violations of our fellow Americans’ constitutional rights to happen ever again. By passing my Korematsu-Takai Civil Liberties Protection Act, we can help confront our past and send a clear message that this nation is committed to uprooting anti-Asian hate and preventing this national travesty from repeating itself.”
Sen. Mazie K. Hirono (HI):
“The Supreme Court’s decision in Korematsu v. U.S., upholding the constitutionality of the unjust incarceration of Japanese Americans, marks a dark time in our nation’s history. Despite this injustice, Mr. Korematsu spent his life fighting to overturn his false criminal conviction and advocating for the rights of nearly 120,000 Japanese Americans who were wrongfully incarcerated during World War II. Although the decision was eventually overturned, Mr. Korematsu’s story serves as a reminder that eternal vigilance is required of all of us as we continue fighting for equality and justice.”
Rep. Ro Khanna (CA-17):
“Today marks 80 years since the Korematsu v. US SCOTUS decision upheld FDR’s Executive Order 9066 and incarcerated thousands of Japanese-Americans following the attacks on Pearl Harbor. The order violated the 14th Amendment and other basic human rights and it is vital we condemn its bigotry, xenophobia, and paranoia as well as always work to preserve the freedom of every American.”