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To: WhiskeyPapa
Taney caused President Lincoln some embarrassment with this, but he could have caused more had he gotten the issue before the whole court. He never did.

It is the burden of the LOSING party to appeal a court ruling, Walt. The loser in the Merryman case was Lincoln's administration. If Lincoln disagreed with the decision, it was his burden under the United States Constitution and its established judicial system to either (a) live with the ruling despite his dislike for it or (b) appeal it and seek to have it overturned. Simply ignoring it cause you don't like it is not a legally or constitutionally valid option.

342 posted on 04/17/2003 3:02:21 AM PDT by GOPcapitalist
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To: GOPcapitalist
Taney caused President Lincoln some embarrassment with this, but he could have caused more had he gotten the issue before the whole court. He never did.

It is the burden of the LOSING party to appeal a court ruling,

Taney was the losing party. His reputation went completely into the toilet, over this and Dred Scott.

Notice that Chief Justice Rehnquist says the question of who may suspend the Writ has never been "authoritatively" answered. He has all your sources, but he is more fair than you are.

You've seen the quote I use from him at least a half dozen times, and you still do not qualify your interpretation by including it.

I have not yet felt compelled to just out of the blue say, "President Lincoln had every right to suspend the Writ and no one can gainsay this!"

But I do feel compelled to respond when you try and BS people.

I would think that you get some Freepmail from those who don't appreciate your ignoring this important addition to the record -- the remarks of the current chief justice. Maybe you do. And yet no hint of fairness manages to sneak into your notes.

Walt

346 posted on 04/17/2003 3:24:15 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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