[ns] If habeas corpus has not been suspended then why should the court be ruling on who may suspend it?
If it has been suspended, the court cannot proceed to hear the case. Most courts consider jurisdiction an important issue. In Texas v. White the court ruled on secession to determine jurisdiction. By your logic, if secession had not occurred, then the issue was not before the court. That ruling must have been dictum.
Again, how are you determining, for judicial purposes, whether the power had been suspended or not?
To determine whether it has been suspended, how do you make a determination without determining WHO may suspend it?
The court concluded:
If at any time the public safety should require the suspension of the powers vested by this act in the courts of the United States, it is for the legislature to say so.That question depends on political considerations, on which the legislature is to decide. Until the legislative will be expressed, this court can only see its duty, and must obey the laws.
The motion, therefore, must be granted.
Who had suspended habeas corpus in this case?