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21 Feb 2007, 9:39 am
The Court has, for example, entertained the habeas petitions of an American citizen who plotted an attack on military installations during the Civil War, Ex parte Milligan, 4 Wall. 2 (1866), and of admitted enemy aliens convicted of war crimes during a declared war and held in the United States, Ex parte Quirin, 317 U.S. 1 (1942), and its insular possessions, In re Yamashita, 327 U.S. 1 (1946). [read post]
9 Feb 2011, 10:38 am by Kevin Russell
Krueger (whether civilian spouse of U.S. service member can be tried by court martial for murdering her husband) and Ex parte Quirin (1942) (challenging the President’s power to try accused German saboteurs by military tribunal during World War II). [read post]
7 Jun 2017, 3:09 am by Scott Bomboy
And during World War II, the Court heard Ex parte Quirin in July 1942, a case about presidential war powers and the jurisdiction of a United States military tribunal instead of a civilian court in the trial of German saboteurs caught in the United States. [read post]
20 Feb 2007, 10:00 am
It is the fact that the petitioners were enemy aliens - an undisputed fact - that is paramount in Eisentrager: The prisoners rely, however, upon two decisions of this Court to get them over the threshold -- Ex parte Quirin, 317 U.S. 1, and In re Yamashita, 327 U.S. 1. [read post]
13 Dec 2006, 4:09 pm
It is the fact that the petitioners were enemy aliens - an undisputed fact - that is paramount in Eisentrager: The prisoners rely, however, upon two decisions of this Court to get them over the threshold -- Ex parte Quirin, 317 U.S. 1, and In re Yamashita, 327 U.S. 1. [read post]
18 Dec 2011, 6:18 pm by Kent Scheidegger
  In the case of the German U-boat saboteurs, as the Supreme Court considered their habeas petitions in Ex parte Quirin, FDR quietly let it be known that they were going to be shot regardless. [read post]
21 Oct 2008, 10:29 pm
Press The Influence of Ex Parte Quirin and Courts-Martial on Military Commissions  [pdf]   Morris D. [read post]
1 Nov 2014, 8:08 am by Eric Muller
 On the same day that the Court upheld removal on constitutional grounds, it struck down continued detention in Ex parte Endo on, in effect, administrative law grounds. [read post]
11 Oct 2021, 1:01 am by rhapsodyinbooks
He upheld the President’s power to try Nazi saboteurs captured on American soil by military tribunals in Ex parte Quirin, 317 U.S. 1 (1942). [read post]
27 Mar 2007, 11:38 pm
Although the MCA purports to foreclose habeas review, the Supreme Court has long entertained such collateral challenges to military commissions, from the Civil War case ex parte Milligan through last summer's Hamdan decision. [read post]
22 Jan 2025, 9:22 pm by Josh Blackman
For whatever it is worth, the Supreme Court in Ex Parte Quirin (1942) referred to such forces a "enemy invaders. [read post]
6 Mar 2012, 9:19 am by Tom Parker
He began by asserting, as the Supreme Court found in ex parte Quirin, that citizenship did not protect a US national from the consequences of his belligerency. [read post]
19 Apr 2008, 9:34 am
Rumsfeld in 2006, and to the Court’s “Queren” decision mean Ex parte Quirin in 1942.) [read post]
7 Jul 2011, 8:29 am by Curt Bradley
Regan and Ex parte Quirin suggest that it is probably sufficient for the Executive to argue that Congress was aware of its judicially-recognized authority to determine individual immunity when it enacted the FSIA and did nothing to displace that authority. [read post]
3 Sep 2010, 8:05 pm by Kevin Jon Heller
  But that is a legislative limitation, not a constitutional one; indeed, in Ex parte Quirin, the Supreme Court upheld a military commission’s conviction of an American citizen, Hans Haupt. [read post]
29 Sep 2007, 6:07 am
Blackwater security guards' killings of Iraqi civilians highlights a long-standing problem with private security contractors in Iraq - the "coalition of the billing," as P. [read post]
21 Feb 2015, 12:01 am by rhapsodyinbooks
 
 
Instead, they are being held as “enemy combatants,” a term that first appeared in Supreme Court jurisprudence in Ex Parte Quirin, 317 U.S. 1  (1942). [read post]
22 Apr 2024, 5:50 am by Fred Wertheimer
  The oral argument in the Court in Ex parte Quirin, 317 U.S. 1 (1942), was argued in the Supreme Court over two days, July 29 and 30, 1942 and the Court issued its decision – affirming the district court and upholding the jurisdiction of the military commission – on July 31, 1942, just one day after oral argument. [read post]
17 Jul 2023, 4:15 am by Jonathan H. Adler
EPA) but in areas like national security as well (going from Ex parte Quirin to Boumediene v. [read post]