Ludecke v. Watkins

335 U.S. 160 (1948)

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Ludecke v. Watkins

United States Supreme Court
335 U.S. 160 (1948)

  • Written by Arlyn Katen, JD

Facts

In 1941, Kurt Ludecke (plaintiff) was arrested as an enemy alien under the Alien Enemy Act. The Alien Enemy Act of 1798 authorized the United States president to restrain, secure, and remove any noncitizen in the United States who was a citizen of a country with which the United States was formally at war. Ludecke was a German citizen. In 1945, the president authorized the attorney general of the United States to remove anyone falling under the Alien Enemy Act who the attorney general determined to be dangerous to the United States’ public peace and safety. In 1946, the attorney general ordered Ludecke’s removal. By 1946, Germany had already unconditionally surrendered in World War II and the Nazi Reich had disintegrated. Ludecke petitioned for a writ of habeas corpus to challenge his removal. The district court and appellate court denied Ludecke’s petition, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Frankfurter, J.)

Dissent (Douglas, J.)

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