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To: Protect the Bill of Rights
Has a sitting President ever refused to follow a ruling by SCOTUS?

Lincoln Issues Proclamation Suspending Habeas Corpus Rights
President, military defied Supreme Court

Along with a declaring martial law, President Abraham Lincoln ordered the suspension of the constitutionally protected right to writs of habeas corpus in 1861, shortly after the start of the American Civil War. At the time, the suspension applied only in Maryland and parts of the Midwestern states.

In response to the arrest of Maryland secessionist John Merryman by Union troops, then Chief Justice of the Supreme Court Roger B. Taney defied Lincoln's order and issued a writ of habeas corpus demanding that the U.S. Military bring Merryman before the Supreme Court. When Lincoln and the military refused to honor the writ, Chief Justice Taney in Ex-parte MERRYMAN declared Lincoln's suspension of habeas corpus unconstitutional. Lincoln and the military ignored Taney's ruling.


183 posted on 06/08/2009 3:20:19 PM PDT by Cooter
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To: Cooter

Sadly, I predict that will happen again, within one year. The Gitmo prisoners.


194 posted on 06/08/2009 3:45:22 PM PDT by patton (Obama has replaced "Res Publica" with "Quod licet Jovi non licet bovi.")
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To: Cooter

Thank you as well, Cooter. I did not leave you out. You posted when I was typing my other thanks.


225 posted on 06/08/2009 5:24:15 PM PDT by Protect the Bill of Rights
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To: Cooter

Judge Taney was one Justice, he was not the USSC.


276 posted on 06/09/2009 12:10:41 AM PDT by Lucius Cornelius Sulla ("men of intemperate minds cannot be free. Their passions forge their fetters." -- Edmund Burke)
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