In the 1942 case Hirabayashi v. United States, the Supreme Court upheld a conviction against Gordon Hirabayashi for violating an imposed curfew and refusing internment during World War II. The U.S government had issued these orders specifically targeting citizens of Japanese descent following Japan's attack on Pearl Harbor in December 1941. Hirabayashi, a U.S citizen of Japanese ancestry, argued that his Fifth Amendment rights were violated as he was discriminated based on his race and ethnicity. However, the court ruled unanimously (9-0) that given the context of wartime urgency and potential espionage threat from Japan, such measures were justifiable under executive power to ensure national security despite their racial focus. This decision effectively endorsed Roosevelt’s Executive Order 9066 which led to mass internment of around 120000 people with Japanese heritage living in America.

In the Hirabayashi v. United States case, there were no dissenting opinions recorded. The Supreme Court unanimously upheld the conviction of Gordon Hirabayashi for violating an exclusion order and curfew imposed on Japanese Americans during World War II. The court ruled that the measures were a necessary precaution against espionage and sabotage in a time of war and crisis, despite acknowledging that they did infringe upon individual rights.