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24 May 2016, 7:00 am by Adam Music
The post Quimbee Case of the Week: Ex parte McCardle appeared first on ABA for Law Students. [read post]
24 May 2016, 7:00 am by Quimbee
The post Congress makes Exceptions that doom editor (em>Ex parte McCardle) appeared first on ABA for Law Students. [read post]
1 Dec 2009, 1:02 am
Here is the abstract: This essay examines the costs of judicial intervention in wartime policy through the lens of three Civil War cases - Ex parte Merryman, Ex parte Milligan, and Ex parte McCardle. [read post]
17 Jan 2007, 2:09 pm
The 90-minute afternoon program will will focus on the impeachment and not-guilty verdict in 1805 for Associate Justice Samuel Chase, the Court's 1868 decision in Ex parte McCardle on jurisdiction-stripping legislation, and President Franklin Roosevelt's "Court-packing" plan in 1937. [read post]
8 Nov 2014, 2:09 pm by Gerard Magliocca
UPDATE:  I suppose Ex Parte McCardle was more important. [read post]
8 Mar 2018, 4:00 am
The statute at issue in McCardle cut off one avenue to the Supreme Court but left an alternative path open, as the Court said in McCardle itself and confirmed shortly thereafter in Ex Parte Yerger. [read post]
23 Jun 2007, 12:20 am
Likewise, the most disturbing decision from the era is Ex Parte McCardle, which permitted Congress to withdraw habeas jurisdiction over a pending case---but the consensus reading of McCardle makes its result turn on the availability of other avenues of relief. [read post]
31 Mar 2012, 6:17 am by Gerard Magliocca
Stripped the Court of jurisdiction to hear Ex Parte McCardle. 5.   [read post]
30 Apr 2011, 5:54 am by Lawrence B. Ebert
Ex parte McCardle, 74 U.S. 506, 514 (1868). [read post]
7 May 2010, 10:29 am by Gerard Magliocca
Some examples include Ex Parte McCardle (the Court let its jurisdiction be stripped in a case challenging the validity of military Reconstruction), The Gold Clause Cases (the Court held that the New Deal Congress could not deny gold repayment on government bonds but held that the bond-holder had no remedy), and Stuart v. [read post]
6 Mar 2018, 9:01 pm by Michael C. Dorf
He cited  the 1868 ruling in Ex Parte McCardle. [read post]
2 Sep 2010, 5:11 pm by Gerard Magliocca
Ex Parte McCardle is another, as the Court could have issued an opinion on the merits in that case before the jurisdiction-stripping statute took effect but chose not to.   [read post]
23 Mar 2010, 5:19 pm by Gerard Magliocca
Laird, Ex Parte McCardle, The Gold Clause Cases, or Heart of Atlanta Motel?   [read post]
7 Nov 2017, 5:15 pm by Ronald Mann
” The problem with that argument, though, is that it runs head-on into the Supreme Court’s long-standing rule (based on the 1869 decision in Ex parte McCardle) that Congress has power to “strip” the federal courts of jurisdiction. [read post]
1 May 2018, 10:02 am by ABA Law Student Division
Rumsfeld) Congress makes Exceptions that doom editor (Ex parte McCardle) Independent counsels born of Watergate, upheld in Morrison v. [read post]
13 Sep 2007, 12:09 pm
Apr.18, 2007) (quoting Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514, 19 L.Ed. 264 (1868)) ("Without [subject matter] jurisdiction the court cannot proceed at all in any cause. [read post]
20 Jul 2010, 5:38 am by Gerard Magliocca
Madison.[13] The second concerns the Reconstruction Acts, which put the South under military rule following the Civil War and were behind the great jurisdiction-stripping case of Ex Parte McCardle.[14] And the third addresses two laws passed during Franklin D. [read post]