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The confederacy was 'born' in February 1861 and didn't start the war for 6 weeks. In that period they had time to appoint a cabinet, fund an army general staff and an army of 100,000 men, but not establish one of the three branches of government their constitution called for. In the first month of the war they had time to pass a tariff, but not appoint a supreme court. It points out just how unimportant the rule of law was to Davis. But then Davis was the man who said, ""...the true and only test is to enquire whether the law is intended to ancd calculated to carry out the object...If the answer be in the affirmative, the law is constitutional." What did Red Jeff need with a supreme court? The law meant whatever Davis said it meant. Quite convenient. In retrospect what did he need a court for? He knew what he wanted and legalities, well, they would just get in the way.