Search for: "Ex Parte Quirin"
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24 Jun 2011, 8:36 pm
" Ex parte Quirin, 317 U. [read post]
14 Nov 2013, 7:04 pm
He points to the Geneva Conventions, the International Covenant of Civil and Political Rights (ICCPR), Ex Parte Quirin, and Hamdan v. [read post]
1 Oct 2013, 12:00 pm
In Ex parte Quirin, the Supreme Court cautioned against an unduly “meticulous” attempt by courts to fix those boundaries, when that attempt entailed second-guessing Congress. [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]
29 Jan 2015, 5:19 pm
Rumsfeld, and Ex Parte Quirin, where American citizens collaborating with the Nazis landed at Long Island to try to attack the country. [read post]
6 Mar 2012, 9:19 am
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]
20 Sep 2010, 6:43 am
But the fact remains that there is no actual Supreme Court holding to this effect, and Ex parte Quirin remains on the books pointing in the other direction (recall that one of the German saboteurs was a citizen). [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]
17 Jan 2019, 6:00 am
In Ex parte Quirin, President Franklin Roosevelt ordered Nazi saboteurs tried by a military commission instead of a civilian court even though one of the accused was a U.S. citizen. [read post]
3 Sep 2010, 8:05 pm
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]
7 Jul 2011, 8:29 am
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]
12 May 2014, 7:47 am
Eisentrager, and unpublished draft concurrences in Ex parte Quirin and Endo. [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
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]
2 May 2012, 6:29 pm
During debates on the MCA, Senator Graham had intimated that Hamdan’s trial by military tribunal was akin to a U.S. service member being tried by for a federal crime not otherwise part of the UCMJ pursuant to the Assimilative Crimes Act. [read post]
17 Jul 2023, 4:15 am
EPA) but in areas like national security as well (going from Ex parte Quirin to Boumediene v. [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]
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]
29 Aug 2018, 8:02 am
” Kavanaugh thus interpreted Supreme Court war-crimes precedents, such as Ex parte Quirin, which upheld a commission’s authority to try actual war crimes, as rejecting any international-law-based constraint on Congress’ authority to assign criminal jurisdiction to military commissions rather than Article III courts. [read post]
2 Aug 2018, 6:21 am
Last week, the military commission in United States v. [read post]