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Hirabayashi v. United States

Significance, An Atmosphere Of Suspicion, A Waiver Of Rights?, Equal Protection Versus Winning A War


Gordon Kiyoshi Hirabayashi


United States

Petitioner's Claim

That following Japan's 1941 attack on Pearl Harbor, Congress unconstitutionally delegated its power to a military commander by authorizing him to impose regulations set out by President Roosevelt's executive orders. And that the regulations set through the order unlawfully discriminated against Japanese Americans in violation of the Fifth Amendment.

Chief Lawyers for Petitioner

Frank L. Walters, Harold Evans

Chief Lawyer for Respondent

Charles Fahy

Justices for the Court

Hugo Lafayette Black, William O. Douglas, Felix Frankfurter, Robert H. Jackson, Frank Murphy, Stanley Forman Reed, Owen Josephus Roberts, Wiley Blount Rutledge, Harlan Fiske Stone (writing for the Court)

Justices Dissenting



Washington, D.C.

Date of Decision

21 June 1943


Affirmed the district court's conviction of Hirabayashi for knowingly disregarding military restrictions by finding those restrictions lawfully delegated by Congress and not in violation of the Fifth Amendment.

Related Cases

  • Takao Ozawa v. United States, 260 U.S. 178 (1922).
  • Toyosaburo Korematsu v. United States, 319 U.S. 432 (1943).
  • Minoru Yasui v. United States, 320 U.S. 115 (1943).
  • Adarand Constructors, Inc. v. Pena, 500 U.S. 200 (1995).

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1941 to 1953