Ex parte McCardle military custody

Facts of the Case

Defendant was held in military custody for trial before a military commission. A statute was in force that provided that judicial courts of the United States had the power to grant a writ of habeas corpus. The statute further stated that an appeal could be taken to the circuit court of the United States for the district, and from the judgment of the said circuit court to the U.S. Supreme Court.




“The Court validated congressional withdrawal of the Court’s jurisdiction. The basis for this repeal was the Exceptions Clause of Article III Section 2. But Chase pointedly reminded his readers that the 1868 statute repealing jurisdiction “does not affect the jurisdiction which was previously exercised.””

Case Information

Citation: 74 US 506 (1869)
Argued: Mar 3, 1869