Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

International Law

PDF

Vanderbilt University Law School

2013

Judicial review

Articles 1 - 1 of 1

Full-Text Articles in Law

Judicial Review For Enemy Fighters: The Court's Fateful Turn In "Ex Parte Quirin", The Nazi Saboteur Case, Andrew Kent Jan 2013

Judicial Review For Enemy Fighters: The Court's Fateful Turn In "Ex Parte Quirin", The Nazi Saboteur Case, Andrew Kent

Vanderbilt Law Review

The last decade has seen intense disputes about whether alleged terrorists captured during the nontraditional post- 9/11 conflict with al Qaeda and affiliated groups may use habeas corpus to challenge their military detention or military trials. It is time to take a step back from 9/11 and begin to evaluate the enemy combatant legal regime on a broader, more systemic basis, and to understand its application to future conflicts. A leading precedent ripe for reconsideration is Ex parte Quirin, a World War II-era case in which the Supreme Court held that saboteurs admittedly employed by an enemy nation's military had …