The Left, patriotism, and threats to the Capacity of My In Box
SLevinson at law.utexas.edu
Sat Jan 28 12:45:04 PST 2006
I'm not familiar with any FDR threat to execute the Quirin conspirators even in the teeth of a SCOTUS injunction. Sounds very interesting. More info, please.
William O. Douglas asserted this in one of his memoirs. A problem, of course, is that his memoirs are notoriously unreliable in many respects. In any event, he suggests that it played a role in the Court's unseemly dispositioni of Quirin, including announcing the result before issuing any opinions.
Furthermore, Frankfurter circulated a memo to his colleagues pointing out that any display of sympathy for the legal arguments of the sabateurs would be taken amiss by American soldiers fighting "the Japs" (sic) and that, therefore, no one should dissent on what was agreed, within the Court, was a strained reading of the law. (His memo is in the collection of conference materials published a couple of years ago by Oxford (I obviously forget the name of the editor, but it's a treasure trove). It's also in the supplement to our casebook and will be in the next edition, coming out sometime this spring (shameless plug!!).)
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