executive order re: military trials

[Mark Tushnet]

I realized that I hit the "send" button too soon:  If the (lower)
federal courts hold that the order does and constitutionally may bar
them from considering the jurisdictional question, the
defendants/criminals can seek relief from a state court, making the
(familiar) argument that Tarble's Case should be interpreted to rest on
the then-existing jurisdictional statutes, including the statute that
made federal habeas available.  (Of course, the odds of the
defendants/criminals being executed before all these avenues could be
pursued are pretty high.  The Supreme Court expedited its consideration
of Quirin, didn't it, out of this sort of concern.)
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