Hirota v. MacArthur explained

Litigants:Hirota v. MacArthur
Arguedatea:December 16
Arguedateb:17
Argueyear:1948
Decidedate:December 20
Decideyear:1948
Fullname:Kōki Hirota v. General of the Army Douglas MacArthur, et al.
Usvol:338
Uspage:197
Parallelcitations: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.
Percuriam:yes
Concurrence:Douglas
Dissent:Murphy
Notparticipating:Rutledge took part in consideration of the case but reserved decision and died before announcing his vote. Jackson

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]

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

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

Further reading

Notes and References

  1. 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 . 10.2307/1284460. 1284460 .
  2. News: Greenhouse. Linda. Court Hears Arguments on Americans Held in Iraq. New York Times. March 26, 2008.