Ex Parte Quirin, 317 U.S. 1 (decided July 31, 1942): allows Nazi saboteurs to argue their habeas petition before the Court, but upholds Presidential order that they be tried by special military tribunal; admits that federal courts are functioning normally but defers to Presidential authority in time of “grave public danger” and holds that the tribunal had power to try anyone regardless of citizenship or military status (eight Germans were deposited by submarines off Florida a

Perez v. United States, 1970 WL 105758 (decided July 30, 1970): Harlan affirms the Second Circuit’s denial of bail; defendant had been convicted under statute which had just been struck down by the Court in another case on due process grounds (Leary v. United States, 395 U.S. 6); issue of retroactivity should be examined by full Court and it will come up next term (it ended up holding against retroactivity in several cases, most relevantly Williams v. United States, 401 U.S.

Times-Picayune Publishing Corp. v. Schulingkamp, 419 U.S. 1301 (decided July 29, 1974): Powell stays trial judge’s prior restraint order prohibiting publication of pretrial testimony; order was to stay in effect until the end of the trial, the purpose being to prevent jury being swayed by what they read in the papers. Powell’s opinion briefly reviews Court decisions on the right to a public trial (First and Sixth Amendments) versus the right to an impartial jury (Sixth). De

Fare v. Michael C., 439 U.S. 1310 (decided July 28, 1978): Rehnquist grants stay of California Supreme Court’s order as to a minor being questioned as to a murder who asked for his probation officer (the California court had held that any questioning past that point was a violation of Miranda); federal issue was involved and the criminal case could not continue unless it was resolved (the Court ended up reversing the California holding, 442 U.S. 707, 1979)