Friday, December 17, 2021

Upcoming CLE – “80 Years Later: The Legacy of Japanese American Incarceration and Korematsu v. The United States”

On February 17, 2022, the Harris County Robert W. Hainsworth Law Library, in conjunction with Stop Repeating History, will present a free CLE entitled, “80 Years Later: The Legacy of Japanese American Incarceration and Korematsu v. The United States.” More information and registration information will be forthcoming in early 2022. In the meantime, read below for an overview of the historical background and procedural history of the Korematsu v. The United States court case as context for the February 17th CLE.

Historical Timeline

Procedural History of Fred Korematsu’s Court Case

Overturned Conviction, Abrogation, and Reparations

According to a United States Courts webpage: “In 1983, a pro bono legal team with new evidence re-opened the 40-year-old case in a federal district court on the basis of government misconduct. They showed that the government’s legal team had intentionally suppressed or destroyed evidence from government intelligence agencies reporting that Japanese Americans posed no military threat to the U.S. The official reports, including those from the FBI under J. Edgar Hoover, were not presented in court. On November 10, 1983, a federal judge overturned Korematsu’s conviction in the same San Francisco courthouse where he had been convicted as a young man.”

However, the holdings of Korematsu v. The United States, 323 U.S. 214 (1944), including the validity of Civilian Exclusion Order No. 34, remained the “law of the land” until the case was abrogated in 2018 by Trump v. Hawaii, 585 U.S. ___, 138 S.Ct. 2392, 201 L.Ed.2d 775.

As a final note, on August 10, 1988, the Civil Liberties Act of 1988 became law, in part to acknowledge and apologize for “the fundamental injustice of the evacuation, relocation, and internment of United States citizens and permanent resident aliens of Japanese ancestry during World War II.” The Act also made provisions for potentially pardoning those convicted of violating exclusion orders, as well as authorized the payment of $20,000 per eligible individual “for the restitution of any position, status, or entitlement lost in whole or in part because of any discriminatory act of the United States government against such individual which was based upon the individual’s Japanese ancestry and which occurred during the evacuation, relocation, and internment period.”



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