History Daily, Episode 1271: The Korematsu Case

Host: Lindsay Graham
Date: December 18, 2025

Overview

In this episode, History Daily explores the story of Fred Korematsu and his pivotal role in a landmark Supreme Court case challenging the U.S. government's internment of Japanese Americans during World War II. The episode immerses listeners in the historical context of executive wartime powers, civil liberties, and the personal sacrifices of one man who refused to accept injustice.

Key Discussion Points and Insights

1. Japanese American Life Before and After Pearl Harbor

• Setting the Scene (06:41 - 09:30):
  • The episode opens with Fred Korematsu, a 23-year-old Japanese American, being arrested for violating government orders aimed at removing Japanese Americans from the West Coast.
  • After the attack on Pearl Harbor, fear and suspicion toward Japanese Americans intensify.
  • Fred, son of Japanese immigrants, grew up in Oakland, CA. Despite his American upbringing, he faced frequent racism, especially after diplomatic ties between the US and Japan soured.
  • Immediately following Pearl Harbor (Dec 7, 1941), Fred notes, "Even though he's thousands of miles away from Pearl Harbor, Fred knows that this attack will have consequences for him, too" (07:12).

2. Executive Order 9066 and Internment

• Government Actions (09:30 - 10:40):
  • President Franklin D. Roosevelt signs Executive Order 9066, authorizing the military to remove Japanese Americans from the West Coast.
  • Japanese Americans are ordered to report for relocation, leading to tens of thousands confined in "remote relocation centers with barbed wire and guard towers."
  • Korematsu refuses to voluntarily go to a camp:
    • "He can't bring himself to obey an order he believes is not only unjust, but is a violation of everything that America stands for. So he stays behind, hoping that no one will notice him." (10:38)
  • Fred tries to evade capture, going so far as to change his appearance and carry forged ID, but is ultimately caught and arrested in May 1942.

3. Korematsu’s Legal Battle

• ACLU Involvement and Initial Trial (14:55 - 17:47):

  • In jail, Fred meets Ernest Bessig of the ACLU, which is seeking a test case to challenge the constitutionality of Executive Order 9066.
  • The ACLU argues on Fred's behalf:
    • "He's being punished not for what he's done, but who he is, and the law has been applied differently because of his race" (15:54).
  • The prosecution claims that "national security demands swift action." The court sides with the government. Fred is convicted and placed on probation, but remains in custody.
  • Fred is interned at Topaz War Relocation Center in Utah, where his defiance isolates him from both his family and fellow internees.

• Appeal to Higher Courts (17:48 - 19:42):

  • Fred refuses to drop his appeal, despite personal hardship and community ostracization.
  • His appeal is rejected at lower courts. The courts reiterate: "[E]xecutive order 9066 was justified by military necessity" (18:52).
  • In 1944, the Supreme Court agrees to hear his case.

4. Supreme Court Decision

• Historic Judgment (23:08 - 25:34):
  • On December 18, 1944, Justice Hugo Black reads the Supreme Court decision. The majority upholds Korematsu's conviction, accepting government claims about the necessity of the mass evacuation.
  • The hosts emphasize the gravity of the decision:
    • "Three dissenting justices say the military orders go over the very brink of constitutional power and fall into the ugly abyss of racism. They also warned that the decision will lie around like a loaded weapon for any future administration that might claim military necessity overrules the rights of an entire ethnic group." (24:16)
  • Publicity around Korematsu's case pressures the government; President Roosevelt rescinds Executive Order 9066, allowing Japanese Americans to return to the West Coast.

5. Legacy and Vindication

• Uncovering the Truth and Aftermath (25:34 - 26:38):
  • Decades later, evidence surfaces that officials suppressed proof Japanese Americans posed no threat.
  • Korematsu’s conviction is finally overturned in the 1980s. In 1998, he receives the Presidential Medal of Freedom for his fight for justice.

Notable Quotes & Memorable Moments

• On National Impact:

  • "The legal battle that follows will eventually reach the highest authority in the land, and the Supreme Court will deliver one of its most controversial judgments when it rules on the limits of federal power in wartime." - Lindsay Graham (00:36 - 01:30)

• On Racism and Government Policy:

  • "Life magazine even publishes a guide on how to tell between the wicked Japanese and the friendly Chinese by the shape of their noses." - Lindsay Graham (08:49)

• On Supreme Court Dissent:

  • "Three dissenting justices say the military orders go over the very brink of constitutional power and fall into the ugly abyss of racism... a loaded weapon for any future administration." - Lindsay Graham (24:16)

• On Lasting Legacy:

  • "This award will recognize his long fight for justice, a struggle that Fred began when the orders targeting Japanese Americans were first introduced and one he continued even after The Supreme Court ruled against him on December 18, 1944." - Lindsay Graham (26:14)

Timestamps for Key Segments

• Intro and Arrest of Fred Korematsu: 00:36 – 06:41
• Context: Life before and after Pearl Harbor: 06:41 – 11:43
• Executive Order 9066 & Internment: 09:30 – 10:40
• Fred's Arrest and Civil Disobedience: 10:40 – 11:43
• Korematsu Meets the ACLU: 14:55 – 15:55
• The First Trial and Internment at Topaz: 15:55 – 17:47
• Ostracization and Ongoing Appeal: 17:47 – 19:42
• Supreme Court Ruling: 23:08 – 25:34
• Disclosure of Hidden Evidence, Vindication: 25:34 – 26:38

Conclusion

This episode of History Daily presents a gripping, human account of Fred Korematsu’s stand against the forced internment of Japanese Americans. Through powerful storytelling and factual narration, the episode spotlights the costs of wartime hysteria, the fragility of civil liberties under governmental pressure, and the enduring impact of Korematsu’s fight for justice—a warning and a lesson for generations.