the United States, was arrested, convicted, and jailed for refusing to comply with the order to report for relocation. Before the Supreme Court, he argued that the order unlawfully discriminated against Japanese Americans on the basis of race. The Court unanimously rejected his plea: in an opinion by Chief Justice Stone, it refused to question the military's assertion that the relocation program was critical to national security. Rutledge wrote privately that he had experienced "more anguish over this case" than almost any other, but he eventually voted to sustain Hirabayashi's conviction. In a brief concurrence, he disagreed with Stone's argument that courts had no authority whatsoever to review wartime actions of the military but joined the remainder of the majority opinion. When the Korematsu case arrived at the Court the subsequent year, it had become clear to many that the internment program was unjustifiable: not a single Japanese American had been charged with treason or espionage, and the American military had largely neutralized the threat that Japan posed. Yet by a 6–3 vote, the Court rejected Fred Korematsu's challenge to the orders, again choosing to defer to the military and to Congress. Writing for the majority, Justice Black authored what Wiecek called "an almost schizophrenic opinion, unpersuasive in its arguments and ambiguous in its ultimate impact". Justices Roberts, Jackson, and Murphy dissented: Roberts decried the "clear violation of Constitutional rights" implicit in punishing an American citizen "for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition toward the United States", while Murphy characterized the orders as a "fall ... into the ugly abyss of racism". Rutledge joined Black's opinion immediately and unreservedly, silently taking part in what Ferren called "one of the saddest episodes in the Court's history". The legal scholar Lester E. Mosher wrote that Rutledge's vote in Korematsu "represents the only deviation in his record as a champion of civil rights". Addressing the question of why the justice chose to depart from his customary support for equality and civil liberties in Yamashita, the law professor Craig Green observes that Rutledge had great faith in the Roosevelt administration and was hesitant to question its assertions that the internment orders were vital to national security. Green also argues that the modern condemnation of the Court's decision benefits substantially from hindsight: after