[capitan_refugio]

As the original citation pointed out, both the findings by Taney in Merryman were narrow interpretations, and I add, made by a partisan judge who was very likely goading the Lincoln administration. As I pointed out in several other posts, Taney's Ex parte Merryman meant nothing. It had no effect because it was ignored by both the President and, later the Congress. It is not cited as precedent by later courts. It was eclipsed by later Supreme Court rulings. Today (as then), Merryman represents nothing more than a judicial temper tantrum.

[rustbucket]

As I pointed out in several other posts, Taney's Ex parte Merryman meant nothing. It had no effect because it was ignored by both the President and, later the Congress.

You are certainly correct that Ex parte Merryman didn't mean anything to Lincoln or his officers.

Richard B. Carmichael, a judge of the Maryland State court, tried to apply Ex parte Merryman to the many arrests by the Lincoln administration. Carmichael was arrested by the deputy provost-marshal of Baltimore, J. L. McPhail, and held without charges.

So much for the rule of law, I guess.