Ahrens v. Clark

Me. Justice Rutledge, with whom Mr. Justice Black and Mr. Justice Murphy join,

dissenting.

The jurisdictional turn this case has taken gives it importance far beyond the serious questions tendered on the merits of petitioners’ application. They are alien enemies interned during the war as dangerous to the nation’s safety. They now seek to avoid deportation *194from a country which takes care for personal liberties, even when its hospitality may be abused, to one which denied its own citizens such rights until its structure of tyranny fell in ruins. Whether or not petitioners have forfeited the…