# Ex parte Quirin **Status: stub — expand.** Vote counts to be verified against Oyez before they are stated here. The Court upheld the use of a **military commission** to try eight Nazi saboteurs captured on U.S. soil, including at least one U.S. citizen, and allowed the executions to proceed. The Court heard the case on an emergency basis, issued a brief per curiam permitting the trials to continue, and wrote the full opinion afterward. **Why it matters:** the precedent the George W. Bush administration relied on for the post-9/11 military commissions, and the counterweight to [[Ex parte Milligan]]. *Milligan* says civilians cannot be tried by commission while civil courts are open; *Quirin* says enemy belligerents can. The whole Guantánamo litigation of 2004–2008 is an argument about which category detainees fall into. ## See Also - [[Habeas Corpus Timeline]] · [[Habeas Corpus]] · [[Suspension Clause]]