Ex parte Quirin | |
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Argued July 29–30, 1942 Decided July 31, 1942 | |
Full case name | Ex parte Richard Quirin; Ex parte Herbert Hans Haupt; Ex parte Edward John Kerling; Ex parte Ernest Peter Burger; Ex parte Heinrich Harm Heinck; Ex parte Werner Thiel; Ex parte Hermann Otto Neubauer; United States ex rel. Quirin v. Cox, Brig. Gen., U.S.A., Provost Marshal of the Military District of Washington, and 6 other cases. |
Citations | 317 U.S. 1 (more) 63 S. Ct. 2; 87 L. Ed. 3; 1942 U.S. LEXIS 1119 |
Case history | |
Prior | Motion for leave to file petition for writs of habeas corpus denied, 47 F. Supp. 431 (D.D.C. 1942) |
Holding | |
Jurisdiction of a United States military tribunal over the trial of several German saboteurs in the United States was constitutional. | |
Court membership | |
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Case opinion | |
Per curiam | |
Majority | Stone |
Murphy took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. |
Ex parte Quirin, 317 U.S. 1 (1942), was a case of the United States Supreme Court that during World War II upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs, in the United States.[1] Quirin has been cited as a precedent for the trial by military commission of unlawful combatants.
It was argued July 29 and 30, and decided July 31, with an extended opinion filed October 29, 1942.