Case brief on the detention of suspected terrorists

Case Brief 1

Chapter Four: Ex Parte Quirin, 317 U.S. 1 (1942).

Since 9/11, the detention of suspected terrorists has been necessary to reduce the terrorist threat and guarantee the opportunity for interrogation. Detainees were often held without being charged of crimes, many were not informed why they were being held, and many did not have access to an attorney. Detainees challenged the U.S. Government’s authority to detain them by filing a writ of habeas corpus. The Executive Branch, however, has maintained that detention is a military necessity, is essential to continuing the fight against terrorism, and that enemy combatants do not have the same rights as U.S. citizens in a federal court. Your assignment for this week is to brief — ExParte Quirin, 317 U.S. 1 (1942) a leading case in the area of habeas corpus. At the end of your brief, detail if you agree with the Court’s holding or not and why.

Submit Case Brief 1 by 11:59 p.m. (ET) on Sunday.