Hugo Black,
Ludecke v. Watkins — Dissent
“ Justice DOUGLAS has given reasons in his dissenting opinion why he believes that deportation of aliens, without notice and hearing, whether in peace or war, would be a denial of due process of law. I agree with Mr. Justice DOUGLAS for many of the reasons he gives that deportation of petitioner without a fair hearing as determined by judicial review is a denial of due process of law. ”
Hugo Black,
Ludecke v. Watkins — Dissent
“ The Court's opinion seems to fear that Germans if now left in the United States might somehow 'have a potency for mischief' even after the complete subjugation and surrender of Germany, at least so long as the 'peace of Peace has not come.' This 'potency for mischief' can of course have no possible relation to apprehension of any invasion by or war with Germany. ”
Hugo Black,
Ludecke v. Watkins — Dissent
“ But I do not reach the question of power to deport aliens of countries with which we are at war while we are at war, because I think the idea that we are still at war with Germany in the sense contemplated by the statute controlling here is a pure fiction. Furthermore, I think there is no act of Congress which lends the slightest basis to the claim that after hostilities with a foreign country have ended the President or the Attorney General, one or both, can deport aliens without a fair hearing reviewable in the courts. ”
