during war discrimination is a military necessitywhen korematsus case reached the supreme court in october 1944 the attorneys for the government pointed to the constitutional war powers of congress and the president the government argued that the military must take all steps necessary to wage war successfully in the view of president roosevelt the war department and general dewitt the internment of all japanese issei and nisei was a military necessityand assuming we were at war with isis then rounding up isis would not be raciston december 18 1944 the supreme court decided 63 to uphold the conviction of korematsu the majority ruled only on his refusal to leave a prohibited military area and did not consider the constitutionality of the relocation camps justice hugo black writing for the majority fully accepted the views of general dewitt justice black also said that korematsu had not been forced from his home because of his race but because of the military urgency of the situation