Supreme Court of the United States
Washington, D.C.

Chambers of Justice William O. Douglas

May 31, 1943.

No. 870 - Hirabayashi v. United States

Dear Chief:

Here are some suggestions on your first circulation. They are aimed at the most part to eliminate any suggestion of racial discrimination.

p. 10 -- "racial" attachments - about 11 lines from the bottom.

p. 11 -- The first paragraph implies or is susceptible of the inference that the Japs who are citizens cannot be trusted because we have treated them so badly they will seize on this war to get even.

Also last paragraph on p. 12.

p. 11 -- "racial solidarity" and lack of "assimilation" do not show lack of loyalty as I see it. They may of course give rise to conditions which may breed disloyalty. But that is quite a different matter.

p. 14 -- Is not the justification for dealing with Jap citizens as a group the fact that the exigencies of war and the necessities of quick action in defending the nation against invasion do not necessarily permit enough time to sort out the sheep from the goats? Is it not necessary to provide an opportunity at some stage (although not necessarily in lieu of obedience to the military order) for an individual member of the group to show that he has been improperly classified? Otherwise if the military commander knows there are only 10% of the group who are disloyal he can nevertheless hold the entire group in confinement for the duration without any opportunity on the part of the 90% to prove they are as loyal to the United States as the members of this Court.

William O. Douglas