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Ahrens v. Clark
''Ahrens v. Clark'', , was a United States Supreme Court case that denied a federal district court jurisdiction to issue a writ of habeas corpus if the person detained is not within the territorial jurisdiction of the court when the petition is filed. The 6-3 ruling was handed down on June 21, 1948, with the majority opinion written by Justice William O. Douglas and the dissent written by Justice Wiley Blount Rutledge.
The decision was substantially overturned in ''Braden v. 30th Judicial Circuit Court of Kentucky'' (1973), which held that territorial jurisdiction is derived from the location of the custodian, those responsible for the indictment, rather than the location of the detention.
==Overview==
The United States District Court for the District of Columbia had been petitioned by 120 German detainees being held on Ellis Island for a writ of habeas corpus to challenge in court their detention and imminent deportation. The deportation order had been issued by Attorney General Tom C. Clark, utilizing wartime powers granted by President Harry Truman in the waning months of World War II. The detainees argued the US Court for D.C. had jurisdiction because they were being held "subject to the custody and control" of the Attorney General. The government argued their case should be dismissed because Ellis Island is outside the territorial confines of the District of Columbia. The Supreme Court, the federal appeals courts, and the federal district courts had the power to grant writs of habeas corpus "within their respective jurisdictions"; the case hinged on whether the words "within their respective jurisdictions" implied a territorial limitation. The court held that they did.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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