Hirabayashi v. United States
Gordon Kiyoshi Hirabayashi argued that it was unconstitutional for the government to enforce curfews against those of a minority group in Hirabayashi v. United States, a case held in the supreme court. Unfortunately Hirabayashi's arguments were not listened to as the government decided that it was constitutional for their to be curfew against those of a minority group. This court case eventually led to the Korematsu v. United States Case.
"Under the curfew order here challenged, no less than 70,000 American citizens have been placed under a special ban and deprived of their liberty because of their particular racial inheritance. In this sense, it bears a melancholy resemblance to the treatment accorded to members of the Jewish race in Germany and in other parts of Europe. The result is the creation in this country of two classes of citizens for the purposes of a critical and perilous hour -- to sanction discrimination between groups of United States citizens on the basis of ancestry. In my opinion, this goes to the very brink of constitutional power. Except under conditions of great emergency, a regulation of this kind applicable solely to citizens of a particular racial extraction would not be regarded as in accord with the requirement of due process of law contained in the Fifth Amendment." - Justice Frank Murphy
Gordon Kiyoshi Hirabayashi 1918-2012
