On the Day That the Court Released Its Opinion in Ex

Short Answer

On the day that the Court released its opinion in Ex parte Quirin, Attorney General Francis Biddle wrote a memo to President Roosevelt summarizing the main points of the decision. Noting that the Court had distinguished Ex parte Milligan, Biddle declared, "Practically then, the Milligan case is out of the way and should not again plague us." Did Quirin truly set Milligan "out of the way"?