Hirabayashi V. United States - Later Developments

Later Developments

This case has been largely overshadowed by Korematsu v. United States, 323 U.S. 214 (1944), which the U.S. Supreme Court decided the following term. But, though the Korematsu case challenging the exclusion and internment portions of Executive Order 9066 overshadowed the Hirabayashi case challenging the curfew portion of the order, the Court's opinion in Korematsu cited its Hirabayashi opinion, upholding the curfew order.

In 1986 and 1987, Hirabayashi's convictions on both charges were overturned by the U.S. District Court in Seattle and the Federal Appeals Court, because evidence arose that the Solicitor General's office had argued Japanese American attempts to aid the enemy in its 1943-44 Supreme Court presentations despite having researched and debunked all the rumored incidents. In 2011, the Acting Solicitor General officially confessed error in that regard.

In May 2012, President Obama awarded Gordon Hirabayashi posthumously the Presidential Medal of Freedom, America's highest civilian honor.

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