First, in 1942, Korematsu was convicted of being in a place from which all people of the Japanese descent were excluded. Next, in 1943, the Court of Appeals upheld Korematsu's conviction. Last, in 1944, the case was taken to the Supreme Court. With a 6-3 margin the Supreme Court decided to uphold Korematsu's conviction. The Court also adapted a new test, holding that any law or order that discriminated on the basis of race or ethnicity could only be constitutional if it served an extremely important purpose for the government. However, the Court found that the government had met its burden because discrimination against the Japanese in this case served the government's military concerns about the possibility of Japanese spies. In the court, Korematsu used Amendment 5 to try to win the case. It stated that the government cannot take away someones property without paying them in some way. Also, Amendment 14 was used against Korematsu. The dissenting side thought that it was discrimination to the Japanese-Americans, but the majority side thought it was better that was for safety reasons and there was nothing wrong with what the Americans did.