Like the review that was available to John Merryman in the North in 1861?
The US Congress did not authorize Lincoln to do so until 1863. Why would the US Congress need to do that if Lincoln had the right to suspend habeas corpus in the first place.
The Confederate Congress authorized the suspension of habeas corpus on several occasions. When habeas corpus is suspended by the government entity authorized to do it, you could appeal to the courts until you were blue in the face. The courts would rule that habeas corpus was legally suspended, so why bother?
Like the judicial review available to Lambden Milligan. What judicial review was available to a southern Lambden Milligan?
When habeas corpus is suspended by the government entity authorized to do it, you could appeal to the courts until you were blue in the face. The courts would rule that habeas corpus was legally suspended, so why bother?
No doubt that was the case under the Davis regime. But, as you know, the Supreme Court did rule that habeas corpus could not be legally suspended in areas of the country where the courts were operating freely. Under the Davis regime, on the other hand, habeas corpus was suspended in all parts of the country, regardless of the presence of the judiciary that you claim was operating freely and openly, hundreds of miles from the fighting.