Ex parte Quirin

Ex parte Quirin, 317 U.S. 1 (1942), is a landmark decision of the United States Supreme Court.

Eight Nazi saboteurs landed on U.S. shores in 1942 with the intent to sabotage war industries. They were captured and President Roosevelt ordered them to be tried by military commission rather than civilian courts. The saboteurs sought habeas corpus, arguing they were entitled to civilian trials with constitutional protections.

Significance

The Supreme Court unanimously upheld the President’s authority to try the saboteurs by military commission. The Court held that enemy combatants who enter the United States to commit hostile acts are not entitled to the protections of the Fifth and Sixth Amendments. Under the Articles of War and the President’s powers as Commander-in-Chief, they could be tried by military commission. The decision was used to support military commissions for detainees at Guantanamo Bay in the War on Terror. Six saboteurs were executed shortly after the decision.

Category

US Federal Case Law