Ludecke v. Watkins
| Ludecke v. Watkins | |
|---|---|
| Argued May 3-4, 1948 Decided June 21, 1948 | |
| Full case name | Kurt Lüdecke, Petitioner, v. Watkins, District Director of Immigration |
| Citations | 335 U.S. 160 (more) |
| Case history | |
| Prior | 163 F.2d 143 (CA2 1947) |
| Holding | |
| The Alien Enemies Act precludes judicial review of a removal order against a declared alien enemy. Such an order can still be enforced despite the fact that hostilities between the United States and Germany had ended. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Frankfurter, joined by Vinson, Reed, Jackson, Burton |
| Dissent | Black, joined by Douglas, Murphy, Rutledge |
| Dissent | Douglas, joined by Murphy, Rutledge |
Lüdecke v. Watkins, 335 U.S. 160 (1948), was a 1948 United States Supreme Court case in which the Court held that the Alien Enemies Act precluded judicial review of executive orders to remove foreign nationals from the United States during wartime. The case began in 1946, when the Attorney General invoked the Alien Enemies Act to issue an order for the removal of German national and outspoken Nazi Kurt Lüdecke. Though by that time the hostilities of World War II had ended and the Germans had surrendered, the Court nevertheless held the state of "declared war" needed for the Alien Enemy Act to be invoked still existed, and so the government was permitted to enforce its order to remove Lüdecke. Justice Felix Frankfurter authored the majority opinion, and two justices–Hugo Black and William O. Douglas–authored dissenting opinions.[1] This case is significant in part because it is the only Supreme Court case analyzing the Alien Enemies Act.[2][3]
References
- ^ "Ludecke v. Watkins (1948)". The Free Speech Center. Retrieved 2025-10-24.
- ^ Vladeck, Steve (March 16, 2025). "5 Big Questions in the Alien Enemies Act Litigation". Just Security. Retrieved 2025-10-24.
- ^ Hafetz, Jonathan (April 15, 2025). "Habeas and the Alien Enemies Act: Challenges and Opportunities". Lawfare.
External links
- Text of Lüdecke v. Watkins is available from: Cornell Justia Library of Congress