Search for: ""Ex Parte Quirin" OR "317 U.S. 1""
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History Shows the Supreme Court Knows How to Move Quickly, as it Should With the Trump Immunity Case
22 Apr 2024, 5:50 am
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]
3 May 2022, 8:49 am
It places primary reliance upon Ex parte Quirin, 317 U.S. 1 (1942), a World War II case upholding the trial by military commission of eight German saboteurs, one of whom, Hans Haupt, was a U.S. citizen. [read post]
11 Oct 2021, 1:01 am
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]
7 Dec 2015, 5:43 am
The summary military trial and execution of some of these Germans is the subject of the Supreme Court case Ex Parte Quirin, 317 U.S. 1 (1942). [read post]
26 Oct 2014, 8:23 pm
Rumsfeld,[3]124 S Ct 2633 (2004) READ PARTS I, IIIOptional · Mary Crock and Daniel Ghezlbash, “Due Process and Rule of Law as Human Rights: The High Court and the ‘Offshore’ Processing of Asylum Seekers,”[4]READ 1-9__________United Nations Rule of LawAboutWhat is the Rule of Law[5]Aristotle said more than two thousand years ago, "The rule of law is better than that of any individual. [read post]
13 Aug 2014, 4:34 pm
” Ex parte Quirin, 317 U.S. 1, 28 (1942). [read post]
14 Jul 2014, 6:15 am
” Indeed, the central legal precedent for the use of military commissions to try unprivileged belligerents is Ex parte Quirin, 317 U.S. 1 (1942) [LINK]. [read post]
2 Jul 2014, 7:20 am
Insofar as certain dicta in Ex Parte Quirin, 317 U.S. 1 (1942) has sometimes been read to suggest otherwise, the OLC Memo points out that the Supreme Court’s actual holding “focused on [the defendants’] conduct behind enemy lines. [read post]
17 May 2012, 6:23 am
Each of the offenses at issue has a direct antecedent in “the system of common law applied by [this nation’s] military tribunals,” Ex parte Quirin, 317 U.S. 1, 30 (1942), and incorporated into military regulations at least since the Civil War. [read post]
20 Apr 2012, 5:41 am
See, e.g., Ex parte Quirin, 317 U.S. 1 (1942) (holding that law-of-war military commission convened July 8, 1942 at Washington, D.C. had jurisdiction to try Richard Quirin and seven others); Sec’y of War Henry L. [read post]
20 Apr 2012, 5:41 am
See, e.g., Ex parte Quirin, 317 U.S. 1 (1942) (holding that law-of-war military commission convened July 8, 1942 at Washington, D.C. had jurisdiction to try Richard Quirin and seven others); Sec’y of War Henry L. [read post]
25 Mar 2012, 8:46 pm
First, the plurality noted that the Court in Ex parte Quirin, 317 U.S. 1 (1942), did not affirmatively decide whether conspiracy to violate the law of war was itself a violation of the law of war triable by law-of-war military commission, thus negating the case’s precedential value. [read post]
22 Feb 2012, 1:30 pm
I also benefit from working with a number of Yale law students as part of my office’s internship and externship programs. [read post]
3 May 2011, 1:48 pm
Looney, 235 F.2d 429 (10th Cir. 1956):The case it cites is a Supreme Court case from WWII, Ex parte Quirin 317 U.S. 1 (1942), which says:I’m no expert in this subject, but either 1) Stephen Carter is wrong - doubtful - 2) the NYT reviewer is wrong - possible - or, most likely, 3) the NYT reviewer was lazy in summarizing Carter’s statements about unlawful combatants and the Bush administration. [read post]
13 Sep 2010, 6:23 am
No points for guessing who the other speaker is.On a legal history trivia note, this is the landing site of the German U-boat full of saboteurs that led to the landmark Supreme Court case of Ex parte Quirin, 317 U.S. 1 (1942).Note the dates: about seven weeks from landing of the U-boat to execution of the saboteurs. [read post]
15 Feb 2010, 5:50 pm
317 U.S. 1 (1942). [read post]
13 Mar 2009, 11:46 pm
So it's scant surprise that yesterday's Memorandum referred to "the AUMF and analogous principles from the law of war," and continued:Longstanding law-of-war principles recognize that the capture and detention of enemy forces "are ‘important incident[s] of war.'" Hamdi, 542 U.S. at 518 (quoting Ex Parte Quirin, 317 U.S. 1, 28 (1942)).The filing is fraught… [read post]
29 Sep 2007, 6:07 am
Here's a preliminary cut.Basically, there are three possibilities: prosecution under Iraqi law, under U.S. civilian law, and under U.S. military law.Iraqi law. [read post]
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]
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]
