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22 Oct 2014, 4:24 pm by Wells Bennett
In this little read-out, I’ll make this lone observation (one I see Steve also mentioned too, over at Just Security): with his questions to both parties today, Judge David Tatel demonstrated keen sensitivity to a key precedent, Ex Parte Quirin. [read post]
31 May 2017, 9:09 am by Robert Chesney, Steve Vladeck
 The explain what that label does and does not refer to, survey the pre-9/11 history (with an emphasis on key Supreme Court decisions like Ex parte Milligan and Ex parte Quirin), identify the key issues raised by the military commission system established after 9/11, track how those issues evolved over time (as the executive branch tinkered with the rules, as the courts weighed in, and as Congress ultimately intervened in 2006 and… [read post]
20 Apr 2012, 5:41 am by Steve Vladeck
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 by Steve Vladeck
  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]
23 Jun 2017, 9:30 pm by Karen Tani
Update: The disturbing story of the memorial to the Nazi Saboteurs of Ex parte Quirin, from the Washington Post. [read post]
13 Oct 2014, 4:27 am by Jonathan Hafetz
(For an excellent overview of the issues, see the exchange between Steve Vladeck and Peter Margulies over at Lawfare, starting here and here.In Ex parte Quirin the Supreme Court recognized a limited exception to the constitutional requirement of trying crimes in Article III courts. [read post]
15 Feb 2010, 5:50 pm by Dwight Sullivan
  Included in the “G-Men and Journalists” exhibit was a small display about the 1942 German saboteur operation that resulted in the Supreme Court’s Ex Parte Quirin opinion. [read post]
12 Aug 2016, 8:25 am by Quinta Jurecic
Across the span of a century, the Supreme Court has held both that the trial of a noncombatant U.S. citizen by military commission is unconstitutional when civilian courts are still available and operational (in Ex parte Milligan), and that the trial by military commission of a U.S. citizen who is also an unlawful enemy combatant is constitutional (in Ex parte Quirin). [read post]
30 Oct 2020, 9:30 pm by ernst
  The latest, by Winston Bowman, is FF's Soliloquy, from the Supreme Court's deliberations in from Ex parte Quirin. [read post]
18 Aug 2014, 9:59 am by Steve Vladeck
In Ex parte Quirin, the Supreme Court held that Article III does not apply to “offenses committed by enemy belligerents against the law of war,” which is why the war crimes trials after World War II–and the 9/11 trial at Guantánamo–haven’t raised Article III questions. [read post]
12 Nov 2012, 5:20 am
Bush relied primarily on the Supreme Court's decision in Ex parte Quirin (1942). [read post]
13 Sep 2010, 6:23 am by Kent Scheidegger
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]
21 Oct 2016, 6:39 am by Helen Klein Murillo, Alex Loomis
But the Supreme Court in Ex Parte Quirin upheld military commissions convictions for offenses against the laws of war. [read post]
1 Oct 2014, 7:11 pm by Steve Vladeck
Circuit, and one that raises fundamentally different issues than the Ex Post Facto Clause claim sidestepped by the en banc D.C. [read post]
29 Jan 2009, 4:01 pm
. - Law) will give a talk today at the University of Georgia School of Law International Law Colloquium Series on "'Not a Happy Precedent': The Story of Ex parte Quirin. [read post]
23 Nov 2011, 6:43 am by Jacob Katz Cogan
"; Commentator: Peggy McGuinnessAndrew Kent, "The Court's Fateful Error in Ex parte Quirin, the Nazi Saboteur Case"; Commentator: Steve VladeckWayne Sandholz, "Treaties, Constitutions, Courts, and Human Rights"; Commentator: Chris Whytock [read post]
30 Sep 2014, 9:02 am by Steve Vladeck
And yet, the government devoted only 11 pages of its 70-page brief to the Article III issue, largely cribbing from Judge Kavanaugh’s discussion of the Article III challenge in his solo opinion concurring in part in and dissenting in part from the en banc majority. [read post]
16 Jul 2014, 1:00 pm by Peter Margulies
  However, their argument goes far beyond the leading precedents on this question, Ex Parte Milligan and Ex Parte Quirin. [read post]