What Supreme Court decision did Lincoln refuse to enforce?

Asked by: Lionel Wiegand  |  Last update: April 2, 2026
Score: 4.5/5 (4 votes)

President Lincoln refused to enforce Chief Justice Roger Taney's order in Ex parte Merryman, a ruling that declared Lincoln's suspension of the writ of habeas corpus during the Civil War unconstitutional, with Taney commanding military officers to release detainee John Merryman; Lincoln defended this action as a necessary war measure, believing the Constitution allowed such a suspension in rebellion, though only Congress formally approved it later.

Did Lincoln ignore the Dred Scott decision?

Lincoln didn't simply denounce Dred Scott—he made it a rallying cry. During the 1858 Lincoln-Douglas debates, he turned the decision into a test of national character. He framed it not as a legal technicality, but as a fundamental threat to liberty.

When has the president ignored a Supreme Court decision?

In two notable nineteenth-century cases—Worcester v. Georgia (1832) and Ex parte Merryman (1861)—presidents took no action to enforce Supreme Court rulings under circumstances where many argued that they were obligated to do so.

What happened on May 25, 1861?

At 2:00 a.m. on May 25, 1861, federal troops entered the country house of John Mer- ryman and “aroused” the prominent Baltimore County planter from his bed. The troops took Merryman into custody and transported him to Fort McHenry, near Baltimore.

Did Lincoln deny habeas corpus?

Presidents Lincoln and Bush both unconstitutionally suspended habeas corpus during a time of war because the writ of habeas corpus is a fundamental right and suspension is a power granted only to congress.

President Lincoln and the Suspension of Habeas Corpus

21 related questions found

What did Abraham Lincoln do that was unconstitutional?

One of the most controversial things Lincoln did while he was President involved the suspension of the writ of habeas corpus: a Constitutional guarantee of one's right to take legal action against unlawful detention.

Who got rid of habeas corpus?

Presidential suspension of habeas corpus

On April 27, 1861, President Abraham Lincoln suspended the writ of habeas corpus in Maryland during the American Civil War.

What did they call diarrhea during the Civil War?

During the Civil War, diarrhea and dysentery (often used interchangeably) were known by colorful slang like "the flux," "the Tennessee Trots," "the Virginia Quick Steps," and "the runs," reflecting the widespread misery and dark humor surrounding these debilitating conditions, which were rampant due to unsanitary conditions, as noted by Country Roads Magazine and WVTF. 

What was the biggest killer of the Civil War?

The greatest killer during the Civil War was disease, primarily diarrhea and dysentery, which, along with other illnesses like typhoid fever, pneumonia, and malaria, caused about two-thirds of all soldier deaths, far surpassing battlefield casualties. Poor sanitation, contaminated water, and crowded conditions in camps turned armies into breeding grounds for these infections, making the latrine often more dangerous than the battlefield. 

Was habeas corpus suspended 4 times?

Yes, habeas has been suspended four times in the nation's history. President Abraham Lincoln did so in 1861 during the Civil War. That move was challenged in court and led to a constitutional showdown between the executive and judicial branches.

Who appointed more judges, Trump or Obama?

While President Obama appointed more judges overall (around 330-334) across his two terms compared to Donald Trump's single term (around 226-245), Trump appointed a higher proportion of powerful appellate court judges and more Supreme Court justices (three vs. Obama's two), significantly shifting the courts' ideological balance, especially the circuit courts. 

Which US president weighed 350 lbs on his inauguration day?

President Taft was a huge man, weighing more than 300 pounds. A special bathtub was installed for him in the White House, big enough to hold four men. Fast Fact: William Howard Taft: the only man to become President and then chief justice.

What president famously ignored the Supreme Court's ruling?

President Andrew Jackson ignored the Court's decision in Worcester v. Georgia, but later issued a proclamation of the Supreme Court's ultimate power to decide constitutional questions and emphasizing that its decisions had to be obeyed.

Did Lincoln want to abolish slavery?

Lincoln wanted to end slavery—but wasn't keen on integrating African Americans into US society. His first attempt to send them offshore proved disastrous. Lincoln wanted to end slavery—but wasn't keen on integrating African Americans into US society.

What overturned the Dred Scott decision?

The decision of Scott v. Sandford, considered by many legal scholars to be the worst ever rendered by the Supreme Court, was overturned by the 13th and 14th amendments to the Constitution, which abolished slavery and declared all persons born in the United States to be citizens of the United States.

What is Lincoln's famous quote in regard to slavery?

Those who deny freedom to others, deserve it not for themselves; and, under a just God, can not long retain it. I think Slavery is wrong, morally, and politically. I desire that it should be no further spread in these United States, and I should not object if it should gradually terminate in the whole Union.

What war lasted 37 minutes?

The "37-minute war" refers to the Anglo-Zanzibar War of 1896, the shortest war in recorded history, lasting approximately 38-45 minutes, not exactly 37 minutes, though sometimes rounded down. Fought between the British Empire and the Sultanate of Zanzibar, it began after the pro-British Sultan died, and his defiant cousin Khalid bin Barghash seized the throne; the British responded by bombarding the palace, forcing Khalid's swift surrender and establishing their preferred ruler.
 

Who was the only woman killed in the Civil War?

Mary Virginia Wade (May 21, 1843 – July 3, 1863), also known as Jennie Wade or Ginnie Wade, was a resident of Gettysburg, Pennsylvania during the Battle of Gettysburg. At the age of 20, she was the only direct civilian casualty of the battle, when she was killed by a stray bullet on July 3, 1863.

What war had 0 deaths?

A "war with no casualties" typically refers to "bloodless wars" or "paper wars," like the famous Three Hundred and Thirty-Five Years' War (Netherlands vs. Isles of Scilly), which lasted centuries without a shot fired, or conflicts like the Kettle War and Anglo-Swedish War where formal declarations occurred, but actual fighting or deaths didn't happen, often ending with treaties and trade continuing. These conflicts are characterized by political disputes, threats, or minor incidents that never escalated into actual combat or fatal engagements, highlighting disputes resolved through diplomacy or sheer neglect.
 

What do southerners call the Civil War?

The South commonly calls the Civil War the "War Between the States," a term emphasizing the idea of separate sovereign entities, but also uses "War of Northern Aggression" (blaming the North) or the "War for Southern Independence," reflecting differing viewpoints on secession and cause, while "Civil War" itself became widely adopted for reconciliation.
 

What killed most Civil War soldiers?

Altogether, two-thirds of the approximately 660,000 deaths of soldiers were caused by uncontrolled infectious diseases, and epidemics played a major role in halting several major campaigns.

What is dysentery called today?

Today, dysentery is often called by the specific name of the infection causing it, most commonly shigellosis (for bacterial dysentery from Shigella bacteria) or amebiasis (for parasitic dysentery from Entamoeba histolytica), but the general term "dysentery" is still used to describe severe gastroenteritis with bloody diarrhea. Other bacterial causes include Salmonella, Campylobacter, or E. coli, leading to similar symptoms, while the parasite causes amebic dysentery.
 

Does the US still have habeas corpus?

The U.S. Constitution enshrines this protection in Article I, Section 9, stating that the writ “shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” That's a high bar, and for good reason: Habeas corpus has stood for centuries – even before the United States was ...

Can the President suspend Congress?

The Section also grants the President the authority to adjourn Congress whenever the chambers cannot agree when to adjourn, a power that no President has ever exercised. Section 3 mostly imposes obligations on the President that are varied and significant.

What happened on April 27, 1861?

Order from President Abraham Lincoln to General Winfield Scott suspending the Writ of Habeas Corpus, April 27, 1861 | U.S. Capitol - Visitor Center.