Podcast: Play in new window | Download
Subscribe: Apple Podcasts | RSS
During the Civil War, Lambdin Milligan, a citizen of Indiana, was arrested, tried, convicted, and sentenced by a military tribunal to hang for alleged anti-Union activities. He argued his conviction was illegal and sought a writ of Habeas Corpus for his release. A unanimous Supreme Court ruled in Milligan’s favor. This case discussed the suspension of Habeas Corpus, martial law, and the power of government action during “exigencies” like a war (or coronavirus outbreak). A very timely case from the Civil War era.
The case itself: Ex parte Milligan (1866)
The Law with D.K. Williams Facebook page
Follow The Law with D.K. Williams on Twitter @TheLawDKW