[FLT-bird]

In retrospect. That question was not definitively ruled on until Ex Parte Milligan in 1866.

It was definitively ruled on in Ex Parte Merryman by Chief Justice Taney. Its just that Lincoln being the unconstitutional tyrant that he was ignored the court order and signed an arrest warrant for the chief justice of the SCOTUS.

[DoodleDawg]

It was definitively ruled on in Ex Parte Merryman by Chief Justice Taney.

At the circuit court level, not the Supreme Court level.

Its just that Lincoln being the unconstitutional tyrant that he was ignored the court order and signed an arrest warrant for the chief justice of the SCOTUS.

The first half is possibly correct. The second half is Southron BS. Regardless, in a Jeff Davis Confederacy a Jim Bob Merryman or a Bubba Milligan would have been out of luck, what with Davis ignoring the requirement for a Supreme Court and all.