Home > Great American Court Cases > Hirabayashi v. United States

Legal Citation: 320 U.S. 81 (1943)

Petitioner
Gordon Kiyoshi Hirabayashi

Respondent
United States

Petitioner's Claim
That following Japan's 1941 attack on Pearl Harbor, Congress unconstitutionally delegated its power to a military commander by authorizing him to impose regulations set out by President Roosevelt's executive orders. And that the regulations set through the order unlawfully discriminated against Japanese Americans in violation of the Fifth Amendment.

Chief Lawyers for Petitioner
Frank L. Walters, Harold Evans

Chief Lawyer for Respondent
Charles Fahy

Justices for the Court
Hugo Lafayette Black, William O. Douglas, Felix Frankfurter, Robert H. Jackson, Frank Murphy, Stanley Forman Reed, Owen Josephus Roberts, Wiley Blount Rutledge, Harlan Fiske Stone (writing for the Court)

Justices...