Hirota v. MacArthur, 338 U.S. 197 (1948), was a decision by the Supreme Court of the United States, which held that "the courts of the United States have no power or authority to review, to affirm, set aside or annul the judgments and sentences imposed on these petitioners by the International Military Tribunal for the Far East and for this reason the motions for leave to file petitions for writs of habeas corpus are denied".[1]
| Hirota v. MacArthur | |
|---|---|
 | |
| Argued December 16–17, 1948 Decided December 20, 1948 | |
| Full case name | Kōki Hirota v. General of the Army Douglas MacArthur, et al. |
| Citations | 338 U.S. 197 (more) 69 S. Ct. 197; 93 L. Ed. 1902 |
| Holding | |
| The courts of the United States have no power or authority to review, to affirm, set aside or annul the judgments and sentences imposed on these petitioners and for this reason the motions for leave to file petitions for writs of habeas corpus are denied. | |
| Court membership | |
| |
| Case opinions | |
| Per curiam | |
| Concurrence | Douglas |
| Dissent | Murphy |
| Rutledge took part in consideration of the case but reserved decision and died before announcing his vote. Jackson took no part in the consideration or decision of the case. | |
The appeal to the U.S. Supreme Court was made following the death sentence against Kōki Hirota and six other Japanese leaders tried for war crimes.
Legacy edit
In March 2008, the U.S. government cited Hirota v. MacArthur as "directly applicable" in Munaf v. Geren, 553 U.S. 674 (2008), in which it argued before the Supreme Court that U.S. federal courts lacked jurisdiction over two U.S. citizens being held by the military in Iraq and thus could not review their petitions for habeas corpus.[2]
See also edit
- Rasul v. Bush, 542 U.S. 466 (2004)
- Hamdi v. Rumsfeld, 542 U.S. 507 (2004)
- Munaf v. Geren, 553 U.S. 674 (2008)
References edit
- ^ Snell, Willis B. (April 1951). "Habeas Corpus—Jurisdiction of Federal Courts to Review Jurisdiction of Military Tribunals When the Prisoner Is Physically Confined outside the United States". Michigan Law Review. 49 (6): 870–881. doi:10.2307/1284460. JSTOR 1284460.
- ^ Greenhouse, Linda (March 26, 2008). "Court Hears Arguments on Americans Held in Iraq". New York Times.
Further reading edit
- Aziz Huq, "The Hirota Gambit" NYU Annual Survey of American Law, 63 (2007) pp. 63-97
- Stephen I. Vladeck (2007). "Deconstructing Hirota: Habeas Corpus, Citizenship, and Article III" (PDF). Georgetown Law Journal. pp. 1497–1554. Retrieved October 23, 2016.
External links edit
- Text of Hirota v. MacArthur, 338 U.S. 197 (1948) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress
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