"Korematsu was not excluded from the Military Area because of hostility to him or his race. He was excluded because we are at war with the Japanese Empire. Compulsory exclusion of large groups of citizens from their homes is inconsistent with our basic governmental institutions. But hardships are part of war, and war is an aggregation of hardships." — Justice Black, Korematsu v. United States, 1944
Justice Black's opinion upheld internment using which standard?
- A
Separate but equal facilities
- B
Rational basis review of state action
- Ccheck_circle
Strict scrutiny that nevertheless deferred to military necessity
- D
Clear and present danger of speech
Explanation
Korematsu nominally introduced strict scrutiny for racial classifications, yet deferred entirely to military judgment.