Some Clerical Contributions to Ex Parte Quirin
Green Bag 2d, Vol. 19, No. 3, pp. 283-325 (2016)
44 Pages Posted: 13 Jun 2016 Last revised: 15 Jun 2016
Date Written: June 13, 2016
This article introduces some documents relating to Ex parte Quirin and then explains where they have been for the last 70-plus years. Quirin is the case in which the U.S. Supreme Court – in a hurried summer session in July 1942 – upheld President Franklin D. Roosevelt’s creation of an unusual military commission to try eight Nazi saboteurs under a special set of rules. The documents are memos written to Chief Justice Harlan Fiske Stone by his senior law clerk, Bennett Boskey, while the Court was hearing and deciding and opining on Quirin.
Keywords: Biddle, Circuit Justice, Douglas, FBI, Felix Frankfurter, Oliver Wendell Holmes, Robert Jackson, Thurgood Marshall, Vietnam, World War
JEL Classification: K14, K19, K33, K40, K41, K42
Suggested Citation: Suggested Citation