Background; Early in World War II, on February 19, 1942, President Franklin Roosevelt issued Executive Order 9066, granting the U.S. military the power to ban tens of thousands of American citizens of Japanese ancestry from areas deemed critical to domestic security. Promptly exercising the power so bestowed, the military then issued an order banning "all persons of Japanese ancestry, both alien and non-alien" from a designated coastal area stretching from Washington State to southern Arizona, and hastily set up internment camps to hold the Japanese Americans for the duration of the war.
The Court should rule in favor of Korematsu. This "is the case of convicting a citizen as a punishment for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States."
The Supreme Court should rule in favor of the government. "It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions."
9066, passed in 1942 by President Franklin Delano Roosevelt, ordered those with
“Foreign Enemy Ancestry” to be sent to internment camps. Although the
order did not technically name any ethnic groups, this applied to about 12,000
Japanese Americans. The U.S. Government considered these individuals to be of
heightened risk to national security.