Here's an odd and obscure one. Over at Prawsblawg, Steve Vladeck discusses Roger Taney's decision in Ex Parte Merryman. I'll let Professor Vladeck speak for himself:
"The short version: Taney, in Merryman, holds that President Lincoln's unilateral suspension of habeas corpus in Maryland at the outset of the Civil War was unconstitutional, a ruling that is just as famous for Lincoln's response (he ignored it), as for what Taney actually said.
"For this post, though, I want to focus briefly on one of the oddest things about the case: There is absolutely no historical consensus about the capacity in which Taney issued the decision. None. Whatsoever." (Emphasis added.)
After almost 150 years? Simply amazing!
"The short version: Taney, in Merryman, holds that President Lincoln's unilateral suspension of habeas corpus in Maryland at the outset of the Civil War was unconstitutional, a ruling that is just as famous for Lincoln's response (he ignored it), as for what Taney actually said.
"For this post, though, I want to focus briefly on one of the oddest things about the case: There is absolutely no historical consensus about the capacity in which Taney issued the decision. None. Whatsoever." (Emphasis added.)
After almost 150 years? Simply amazing!
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