[2] Korematsu was discussed seventy-four years later in Trump v. Hawaii (2018), with Chief Justice John Roberts writing: "The forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority.
[14] Korematsu underwent plastic surgery on his eyelids in an unsuccessful attempt to pass as a Caucasian, changed his name to Clyde Sarah[15][16] and claimed to be of Spanish and Hawaiian heritage.
[17] When on May 3, 1942, General DeWitt ordered Japanese Americans to report on May 9 to Assembly Centers as a prelude to being removed to the internment camps,[b] Korematsu refused and went into hiding in the Oakland area.
When Korematsu's family was moved to the Topaz internment camp, he later recalled feeling isolated because his imprisoned compatriots recognized him and many, if not most, of them felt that if they talked to him they would also be seen as troublemakers.
On December 18, 1944, in a 6–3 decision authored by Justice Hugo Black, the Court held that compulsory exclusion, though constitutionally suspect, was justified during circumstances of "emergency and peril".
[33] In 1976, President Gerald Ford signed a proclamation formally terminating Executive Order 9066 and apologizing for the internment, stated: "We now know what we should have known then—not only was that evacuation wrong but Japanese-Americans were and are loyal Americans.
On the battlefield and at home the names of Japanese-Americans have been and continue to be written in history for the sacrifices and the contributions they have made to the well-being and to the security of this, our common Nation.
In 1988, President Ronald Reagan signed the Civil Liberties Act of 1988 which had been sponsored by Representative Norman Mineta and Senator Alan K. Simpson.
In the early 1980s, while researching a book on internment cases, lawyer and University of California, San Diego professor Peter Irons came across evidence that Charles Fahy, the Solicitor General of the United States who argued Korematsu v. United States before the Supreme Court, had deliberately suppressed reports from the Federal Bureau of Investigation and military intelligence which concluded that Japanese-American citizens posed no security risk.
[citation needed] These documents revealed that the military had lied to the Supreme Court and that government lawyers had willingly made false arguments.
[citation needed] Irons concluded that the Supreme Court's decision was invalid since it was based on unsubstantiated assertions, distortions and misrepresentations.
[citation needed] Along with a team of lawyers headed by Dale Minami, Irons petitioned for writs of error coram nobis with the federal courts, seeking to overturn Korematsu's conviction.
Korematsu testified before Judge Patel, "I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.
President Bill Clinton awarded the Presidential Medal of Freedom, the highest civilian honor in the United States, to Korematsu in 1998, saying, "In the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks ... to that distinguished list, today we add the name of Fred Korematsu."
When prisoners were detained at Guantanamo Bay for too long a period, in Korematsu's opinion, he filed two amicus curiae briefs with the Supreme Court and warned them not to repeat the mistakes of the Japanese internment.
[41] He wrote the first of these amicus briefs in October 2003 for two cases appealed before the Supreme Court of the United States, Shafiq Rasul v. George W. Bush and Khaled A.F.
Furthermore, Korematsu provided examples of specific cases in American history in which the government exceeded constitutional authority, including the Alien and Sedition Acts of 1798 and the Japanese internment of World War II.
Korematsu thus reacted critically to the administration of President George W. Bush, who imprisoned detainees in Guantanamo Bay by restricting their civil liberties albeit in a time of, according to the respondent, "military necessity".
The amici curiae's statement of interest emphasized the similarity of the unlawful detainment of Fred Korematsu during World War II and that of Jose Padilla following the events of 9/11, and warned the American government of repeating mistakes of the past.
He believed that "full vindication for the Japanese-Americans will arrive only when we learn that, even in times of crisis, we must guard against prejudice and keep uppermost our commitment to law and justice.
On May 24, 2011, U.S. Acting Solicitor General Neal Katyal delivered the keynote speech at the Department of Justice's Great Hall marking Asian American and Pacific Islander Heritage Month.
[47] In 2018, in Trump v. Hawaii, the Supreme Court expressly declared that Korematsu's case was wrongly decided and "morally repugnant", but did not formally overrule it.