Legal Opinion · Concurrence

Hirabayashi v. United States

Supreme Court of the United States

Decided June 21, 1943No. 870Published

1ConcurrenceJustice Douglas

While I concur in the result and agree substantially with the opinion of the Court, I wish to add a few words to indicate what for me is the narrow ground of decision.

After the disastrous bombing of Pearl Harbor the military had a grave problem on its hands. The threat of Japanese invasion of the west coast was not fanciful but real. The presence of many thousands of aliens and citizens of Japanese ancestry in or near to the key points along that coast line aroused special concern in those charged with the defense of the country. They believed that not only among aliens but also among…

2Cases cited18 opinions

  1. United States v. GriemeCourt of Appeals for the Third Circuit · 1942
  2. Fletcher v. United StatesCourt of Appeals for the Fifth Circuit · 1942
  3. Arbitman v. WoodsideCourt of Appeals for the Fourth Circuit · 1919
  4. United States Ex Rel. Filomio v. PowellDistrict Court, D. New Jersey · 1941
  5. Pascher v. KinkeadCourt of Appeals for the Third Circuit · 1918

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