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Ex parte Endo
''Ex parte Endo'', or ''Ex parte Mitsuye Endo'', 323 U.S. 283 (1944), was a United States Supreme Court decision handed down on December 18, 1944, in which the Justices unanimously ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States. Although the Court did not touch on the constitutionality of the exclusion of people of Japanese ancestry from the West Coast — which they had, contradictorily, found not to violate citizen rights in their same day ''Korematsu v. United States'' decision — the Endo ruling nonetheless led to the reopening of the West Coast to Japanese Americans after their incarceration in camps across the U.S. interior during World War II.
The Court also found as part of this decision that, if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program.
==Background==
Mitsuye Endo, the plaintiff in the case, had worked as a clerk for the California Department of Motor Vehicles in Sacramento prior to the war. After the attack on Pearl Harbor soured public sentiment toward Japanese Americans, Endo and other Nisei state employees were harassed and eventually fired because of their Japanese ancestry.〔Brian Niiya. "(Ex parte Endo )" ''Densho Encyclopedia'' (accessed 5 June 2014).〕 Civil rights attorney and then-president of the Japanese American Citizens League Saburo Kido, with San Francisco attorney James Purcell, began a legal campaign to assist these workers, but the mass removal authorized by Executive Order 9066 in early 1942 complicated their case. Endo was selected as a test case to file a writ of ''habeas corpus'' because of her profile as an Americanized, "assimilated" Nisei: a practicing Christian who had never been to Japan, spoke only English and no Japanese, and had a brother in the U.S. Army.〔〔Fred T. Korematsu Institute, "(Ex parte Mitsuye Endo )" (accessed 5 June 2014).〕
On July 13, 1942, Purcell filed the ''habeas corpus'' petition for Endo's release from the Tule Lake concentration camp where she and her family were being held. Judge Michael J. Roche heard Endo's case in July 1942 but did not issue a ruling until July 1943, when he denied her petition without explanation. An appeal was perfected to the Ninth Circuit Court of Appeals in August 1943, and in April 1944 Judge William Denman sent the case to the Supreme Court rather than issuing a ruling himself.〔 By this time Endo had been transferred to Topaz, Utah — Tule Lake having been converted to a segregated detention center for "disloyal" Japanese American inmates. The War Relocation Authority had offered to release her from camp (provided she agreed not to return to the West Coast) in an effort to halt the case, but Endo refused and so remained in confinement.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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