Korematsu v. United States · ¶71

The limitation under which courts always will labor in examining the necessity for a military order are illustrated by this case. How does the Court know that these orders have a reasonable basis in necessity? No evidence whatever on that subject has been taken by this or any other court. There is sharp controversy as to the credibility of the DeWitt report. So the Court, having no real evidence before it, has no choice but to accept General DeWitt’s own unsworn, self-serving statement, untested by any cross-examination, that what he did was reasonable. And thus it will always be when courts try to look into the reasonableness of a military order.

U. S. Reports, bound volume
U. S. Reports, volume 323, at 214 (Library of Congress) · transcription: Caselaw Access Project
Passage preview. Read in context for the complete text, notes and references.