Back to Lincoln. According to scholars, Lincoln ignored one of chief justice Taney's orders.
Precedent for Trump.
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Ex parte Merryman
From Wikipedia, the free encyclopedia
Roger B. Taney, Chief Justice of the United States Supreme Court, issued the ruling in
Ex parte Merryman.
Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), is a well-known and controversial
U.S. federal court case which arose out of the
American Civil War.
[1] It was a test of the authority of the
President to suspend "the privilege of the
writ of
habeas corpus" under the Constitution's
Suspension Clause, when Congress was in recess and therefore unavailable to do so itself.
[2] U.S. Supreme Court
Chief Justice Roger Taney ruled that the authority to suspend habeas corpus lay exclusively with Congress. The Executive Branch, including the Army, failed to comply with Taney's
Merryman opinion, and
John Merryman remained inaccessible to the judiciary (and the civilian legal authorities generally) while Congress remained in recess. Taney filed his
Merryman decision with the United States Circuit Court for the District of Maryland, but it is unclear if Taney's decision was a circuit court decision. One view, based in part on Taney's handwritten copy of his decision in
Merryman, is that Taney heard the habeas action under special authority granted to federal judges by Section 14 of the Judiciary Act of 1789. According to this view,
Merryman was an in-chambers decision. Due to its vague jurisdictional locus and hastened disposition, the nature of the
Merryman decision remains contested to this day