The Stone Court (1941–46)

Commerce Clause

Which justices dissented in the Korematsu case?

Justices Owen J. Roberts, Frank Murphy, and Robert Jackson dissented. Justice Roberts had served on a commission examining the Pearl Harbor incident. From that experience, he knew there was little, if any, evidence of Japanese sabotage on the West Coast. Roberts wrote that the “indisputable facts exhibit a clear violation of Constitutional rights.” Murphy, who had questioned the exclusion and curfew orders in Hirabayashi, blasted the Court’s decision as “fall[ing] into the ugly abyss of racism.” Jackson noted that the majority had “validated the principle of racial discrimination in criminal procedure and of transplanting American citizens.”


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