Labedz v. Kramer

McCOLLOCH, District Judge.

(Oral opinion from the bench January 7, 1944, and January 18, 1944.)

What you ask for and what is asked for in all of these cases is that the enforcement of a criminal law shall be restrained.

The only coercive thing behind these exclusion orders is the threat of criminal prosecution.1 Of course we all know that this legislation and these orders were thought out by somebody, and properly so, in advance of the military crisis that now confronts the country. Somebody between the last war and this war conceived the framework that would be set up of executive action, or…