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.
Sadly, I predict that will happen again, within one year. The Gitmo prisoners.
Thank you as well, Cooter. I did not leave you out. You posted when I was typing my other thanks.
Judge Taney was one Justice, he was not the USSC.