Regarding CJ Taney and the Merryman ruling, on page 17 of 'Lincoln's Constitution' Daniel Farber asserts, "Technically, he did not issue it in his capacity as a judge 'on circuit' but rather as an 'in chambers' opinion of the chief justice."
Thanks for the info.
310 posted on 08/19/2003 1:48:22 PM PDT by thatdewd
(History without truth is just another lie.)
See also Mark E. Neely, Jr., The Fate of Liberty, 1991, p.10,
"... Chief Justice Taney, on circuit as a federal district judge, issued a writ of habeas corpus, but he did so as a Supreme Court justice from chambers."
324 posted on 08/20/2003 11:15:23 AM PDT by nolu chan