Tuesday, May 27, 2008


This Day in the History of Judicial Orders, Technically Right, Morally Wrong, Ignored

On this day in 1861, Chief Justice Roger Taney ruled in, Ex Parte Merryman, that President Lincoln's suspension of the writ of habeas corpus was unconstitutional. Lincoln ignored the Court's ruling. He had a civil war to win. Of course habeas corpus can be suspended during a rebellion, but Congress has to do it, not the president. Whatever.

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