Yasui V. United States - Decision

Decision

See also: Japanese American redress and court cases

The Supreme Court heard arguments in the case on May 10 and May 11, 1943, with Charles Fahy arguing the case for the United States as Solicitor General . Min’s defense team included E. F. Bernard from Portland and A. L. Wirin from Los Angeles. On June 21, 1943, the court issued its decision in the case along with the Hirabayashi v. United States case.

Citing Hirabayashi, Chief Justice Stone wrote the opinion of the court, and determined that the curfew and exclusion orders were valid, even as applied to citizens of the United States. Stone’s opinion was three pages and did not contain any concurring opinions or dissents, while the Hirabayashi decision had thirty-four pages and two concurring opinions. In Yasui the court affirmed his conviction of the misdemeanor, but ordered re-sentencing since the lower court had determined that the curfew was not valid, and that Yasui had forfeited his citizenship. The Supreme Court remanded (returned) the case back to the district court to determine a sentence in light of these circumstances.

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