8/4/2023 0 Comments Mitsuye endo![]() It stopped short of addressing the question of the government's right to exclude citizens based on military necessity but instead focused on the actions of the WRA: "In reaching that conclusion we do not come to the underlying constitutional issues which have been argued. Douglas, with Justices Frank Murphy and Owen Roberts concurring. The unanimous opinion ruling in Endo's favor was written by Justice William O. ![]() ![]() In an effort to halt her case, the War Relocation Authority had offered to release her from camp if she agreed not to return to the West Coast, but Endo refused and so remained in confinement. By then, Endo had been transferred to Topaz, Utah-Tule Lake having been converted to a segregated detention center for "disloyal" Japanese American inmates. An appeal was perfected to the Ninth Circuit Court of Appeals in August 1943, and in April 1944, Judge William Denman sent the case to the Supreme Court, rather than issuing a ruling himself. Roche heard Endo's case in July 1942 but did not issue a ruling until July 1943, when he denied her petition without explanation. On July 13, 1942, Purcell filed the habeas corpus petition for Endo's release from the Tule Lake concentration camp, where she and her family were being held. She was a practicing Christian, had never been to Japan, spoke only English and no Japanese, and had a brother in the US Army. Endo was selected as a test case to file a writ of habeas corpus because of her profile as an Americanized, "assimilated" Nisei. Civil rights attorney and then-president of the Japanese American Citizens League Saburo Kido, with the San Francisco attorney James Purcell, began a legal campaign to assist these workers, but the mass removal authorized by Executive Order 9066 in early 1942 complicated their case. After the attack on Pearl Harbor had soured public sentiment toward Japanese Americans, Endo and other Nisei state employees were harassed and eventually fired because of their Japanese ancestry. The plaintiff in the case, Mitsuye Endo, had worked as a clerk for the California Department of Motor Vehicles in Sacramento prior to the war. 2 Endo, Korematsu, and end of internment.The Court also found as part of this decision that if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program. United States decision on the same date, the Endo ruling nonetheless led to the reopening of the West Coast to Japanese Americans after their incarceration in camps across the U.S. Although the Court did not touch on the constitutionality of the exclusion of people of Japanese ancestry from the West Coast, which it had found not to violate citizen rights in its Korematsu v. government could not continue to detain a citizen who was "concededly loyal" to the United States. 283 (1944), was a United States Supreme Court ex parte decision handed down on December 18, 1944, in which the Justices unanimously ruled that the U.S. Stone Associate Justices Owen Roberts Įx parte Mitsuye Endo, 323 U.S. The government cannot detain a citizen without charge when the government itself concedes she is loyal to the United States.Ĭhief Justice Harlan F.
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