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To: 4ConservativeJustices; GOPcapitalist
ROTFLMAO! Like the US Supreme Court stopped Lincoln????

Where is tu quoque boss when you need him? But I digress.

Ask Lambden Milligan that question. Actions of the Lincoln administration were taken up by the court as a whole throughout the war. Sometimes the court ruled in favor of the administration, sometimes it did not. But parties did have the opportunity to pursue their matter through the courts, something denied those in the south. Lambden Milligan died a natural death. A Bubba Milligan in Mississippi would have hanged.

682 posted on 11/21/2003 5:45:15 AM PST by Non-Sequitur
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To: Non-Sequitur
But parties did have the opportunity to pursue their matter through the courts, something denied those in the south.

Wrong. The State Supreme Courts were open throughout the war and heard many cases arising before the confederacy. They filled the gap of a judiciary while Congress dragged its feet against Davis' wishes.

687 posted on 11/21/2003 6:25:52 AM PST by GOPcapitalist
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To: Non-Sequitur
A Bubba Milligan in Mississippi would have hanged.

Post your proof of your assertion.

690 posted on 11/21/2003 6:37:16 AM PST by 4CJ (Come along chihuahua, I want to hear you say yo quiero taco bell. - Nolu Chan, 28 Jul 2003)
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To: Non-Sequitur; 4ConservativeJustices
The Supreme Court heard Ex Parte Milligan after the war. SCOTUS almost heard another case concerning military commissions but one was all the lunatic wacko fringe radical Congress would allow.

The Court announced in 1868 it was going to hear arguments in Ex Parte McCardle in another challenge to military commissions. McCardle had been convicted by a military commission for publishing inflammatory articles condemning reconstruction in the south. He had been denied a writ of habeas corpus under the habeas corpus act of 1867.

The Congress moved to prevent the case from being heard. Over President Andrew Johnson's veto, Congress enacted a statue known as the McCardle repealer, denying the Supreme Court appellate jurisdiction in habeas corpus petitions brought under the habeas corpus act of 1867.

Article III, section 2, renders SCOTUS appellate jurisdiction subject to "such exceptions . . . as the Congress shall make." In 1869 SCOTUS accepted that its appellate authority had been voided in the case. McCardle found his access to the Supreme Court had been eliminated.

Access to the Supreme Court extended only so far as the Court refusing to hear a case, or not granting relief when a case was heard.

In 1863, it appears that SCOTUS reported all of four cases.

Pomeroy's Lessee v. State Bank of Ind., 1 Wall. 23 (1863)
Hardy v. Johnson, 1 Wall. 371 (1863)
Roosevelt v. Meyer, 1 Wall. 512 (1863)
Houghton v. Jones, 1 Wall. 702 (1863)

The Vallandigham case occurred during the war, but SCOTUS did not consider the merits, claiming lack of jurisdiction.

705 posted on 11/21/2003 8:46:50 AM PST by nolu chan
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