Ex Parte Quirin
Significance, Supreme Court Holds Special Session As Saboteurs Face Death Penalty
Richard Quirin, et al.
Albert Cox, Brigadier General, Provost Marshal of the Military District of Washington
That the president lacks the power to set up special military tribunals to try war crimes, and that civil courts have the right to review decisions made by these special military courts.
Chief Lawyer for Petitioners
Kenneth C. Royall
Chief Lawyer for Respondent
Francis Biddle, U.S. Attorney General
Justices for the Court
Hugo Lafayette Black, James Francis Byrnes, William O. Douglas, Felix Frankfurter, Robert H. Jackson, Stanley Forman Reed, Owen Josephus Roberts, Harlan Fiske Stone (writing for the Court)
None (Frank Murphy did not participate)
Date of Decision
31 July 1942
The Supreme Court held that the president has the power to set up military courts in time of war, but that the decisions of these tribunals can be reviewed by civil courts.
- Ex parte Milligan, 71 U.S. 2 (1866).
- In re Debs, 158 U.S. 564 (1895).
- United States v. Curtiss-Wright Corp., 299 U.S. 304 (1936).
- Belknap, Michael R. "The Supreme Court Goes to War: The Meaning and Implications of the Nazi Saboteur Case." Military Law Review, Vol. 89, 1980, pp. 59-95.
- Fellman, David. The Defendant's Rights Today. Madison: University of Wisconsin Press, 1976.
- Ezra Pound Trial: 1946 - "europe Calling! Pound Speaking!", "poor Old Ezra Is Quite, Quite Balmy"
- Ex Parte Endo Trial: 1944 - Petition And Appeal Stretch Over 21 Months, Confined Under Armed Guard, Suggestions For Further Reading
- Ex Parte Quirin - Significance
- Ex Parte Quirin - Supreme Court Holds Special Session As Saboteurs Face Death Penalty
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