[WhiskeyPapa]

Do you honestly think that after Lincoln refused to abide by Taney's directive in the Merryman case that any justice would rule against the war - while it's still being waged?

As you yourself noted, four justices, including Taney, did exactly that.

Walt

[4CJ]

Do you honestly think that after Lincoln refused to abide by Taney's directive in the Merryman case that any justice would rule against the war - while it's still being waged?

As you yourself noted, four justices, including Taney, did exactly that.

And you accuse me of distorting facts?  Taney et al (see my 483) stated:

"[T]his legislation on the subject had the effect to bring into existence an ex post facto civil war"
"Here, the captures were without any Constitutional authority and void, and, on principle, no subsequent ratification could make them valid."
"[T]he President does not possess the power under the Constitution to declare war."
"[T]his power belongs exclusively to the Congress of the United States"

Where is the ruling against the war?  Nelson and 3 other justices are directing their statements against the actions of Lincoln, and the subsequent attempt to legalize his unconstitutional actions.