Great American Civil Rights Hero Recognized

Santa Clara honors Fred Korematsu’s history and legacy

The Japanese-American Civil Rights activist Fred Korematsu once said, “Stand up for what is right, and when you see something wrong, don’t be afraid to speak up.”

In an early celebration of Fred Korematsu Day, which is on Jan. 30, Santa Clara’s School of Law hosted a mock trial of Fred Korematsu.

The event was on behalf of him and 120,000 Japanese-Americans, against the United States. 

On Saturday, Jan. 25, Santa Clara students gathered in Charney Hall along with local high school students and members of the Japanese-American community.

The event provided the opportunity to reflect on the lasting improtance and impact of Korematsu’s trial. 

Korematsu is known for the landmark U.S. Supreme Court case, Korematsu v. U.S. 

During this time, the Roosevelt-issued Executive Order 9066 called for all persons of Japanese ancestry living on the West Coast to be relocated to internment camps in desolate corners of the country. 

Korematsu chose not to relocate, deliberately violating military orders. 

He even underwent plastic surgery on his eyelids in an unsuccessful attempt to pass as white in order to escape internment. 

However, he was caught and arrested, and, the courts ruled that the evacuation order that Korematsu resisted was valid.

When the Northern California American Civil Liberties Union branch approached Korematsu to use his case to test the legality of Japanese-American internment, he agreed. 

However, he was tried and convicted, and he and his family were interned in Topaz, Utah. 

For years, Korematsu was considered an enemy of the state. 

Decades later, in the 1980, Korematsu was approached with the offer to receive a pardon from the U.S. government. 

“If anyone should do any pardoning, I should be the one pardoning the government for what they did to the Japanese-American people,” he replied. 

When this quote appeared in the short film, murmurs of approval could be heard throughout the room. 

During the mock trial, two Santa Clara law students, Chris Vu and Erik Perez, appeared before a panel of three justices from the Superior Court of California, County of Santa Clara. 

They used Korematsu’s infamous case to draw connections between Korematsu v. United States in the 1940 and Trump v. Hawaii of 2018.

In the latter case, Trump’s Presidential Proclamation 9645 restricted travel to the U.S. by citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

Speaking out on these insidious parallels is Laurence Tribe, one of the nation’s foremost constituional law scholars and a mentor to contemporary political leaders such as former President Barack Obama and current Chief Justice John Roberts. 

In particular, Tribe has publicly criticized the government for invoking the “shameful KOREMATSU precedent to support ‘extreme vetting,’ or even exclusion, of all Muslims.”

Because five of the countries listed in the proclmation have a majority Muslim population, it has become colloquially known as the Muslim ban. 

The students facilitating the mock trial argued against the racial discrimination used in both cases.

 “Loyalty should not be the litmus test of a due process,” Vu said in his powerful closing statement. 

Following the mock trial was a discussion between professor Margaret Russell of Santa Clara’s School of Law and Karen Korematsu, the executive director of The Korematsu Institute and Fred Korematsu’s daughter.

Korematsu began by asking how many high school students were present in the crowd: a large portion of the room raised their hands. 

“Ultimately, I do this for you.” Korematsu stated upon seeing the number of youth present at the event. “We wanted to remind the court of my father’s case, and the dangers of overreaching of power.” 

Russell reflected upon the legacy of Korematsu by speaking of her mixed-race Black and Japanese heritage. 

“The people who came before me directly suffered racism and discrimination,” Russell said. “Can you imagine a society where we are encouraged to see each other as potential enemies?” 

Korematsu closed the event with remarks about the need for diversity with inclusion, especially in the judiciary system.

“The importance of having a diverse branch that affects our diverse community,” Korematsu said.

Russell, who knew Fred Kormatsu personally remarked on how fortunate she was to be get to know him

“He showed me that he believed in coalition and allyship with other groups, based on the belief that every human being deserves to be treated equally,” Russell said. 

Contact Kalen Abe at kabe@scu.edu or call (408) 554-4852.