Families of Plaintiffs in Iconic SCOTUS Japanese American Incarceration Cases File Joint Brief Against Trump Muslim Ban

Gordon Hirabayashi, Minoru Yasui and Fred Korematsu in a photograph taken in 1983. (Photo credit: copyrighted Bob Hsiang Photography. Please direct any requests for photo usage directly to Mr. Hsiang.)

In an historic move, the families of Gordon Hirabayashi, Minoru Yasui, and Fred Korematsu  — the three men behind three landmark Supreme Court cases that challenged the constitutionality of Japanese American incarceration (JACL’s Power of Words) — filed a joint amicus brief to the Supreme Court yesterday paralleling President Donald Trump’s Muslim ban with the forcible imprisonment of Japanese Americans in camps during World War II.

In 1942, Gordon Hirabayashi and Minoru Yasui filed separate Supreme Court cases challenging the constitutionality of a federally-imposed curfew on Japanese Americans, a precursor to removal orders that led to the World War II incarceration of Japanese American citizens. That same year, Fred Korematsu was arrested after he refused to report for removal and relocation orders, and his appeal of that arrest formed the basis of his Supreme Court challenge of Executive Order 9066. These three cases — along with the Ex Parte Endo decision — form the bulk of the Supreme Court case history on federal targeting of specific racial or ethnic minority groups under the auspices of national security.

One need not try too hard to see the relevance of this case history on today’s fight to stop Trump’s attempt Muslim travel ban.

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