During the period of physical detention and internment, there were a few significant legal challenges to the constitutionality of Executive Order No. 9066. Fred Korematsu was arrested for violating the Civilian Exclusion Order. He was found guilty and jailed; his legal case became Korematsu vs. United States. In December 1944 the United States Supreme Court handed down a majority decision upholding the validity of the evacuation order. In the Fred Korematsu case, the US Supreme Court ruled that the internment order

should be overturned because it had not been applied fairly.
violated individual rights and was unconstitutional.
was constitutional because national defense came first.
did not apply in this situation and should not be considered.