Today in History: May 28, 1861

Taney: Lincoln Cannot Suspend Writ Of Habeas Corpus

Chief Justice Roger Taney holds that under Article I, Section 9, of the Constitution, only Congress (not the president) has the power to suspend the writ of habeas corpus. Although Taney invalidates President Abraham Lincoln’s order suspending the writ, Lincoln refuses to capitulate and later will go before Congress to defend his legal right to hold members of the Confederacy without recourse to the courts.