Ex parte McCardle

Citation. 74 U.S. 506, 7 Wall. 506, 19 L. Ed. 264 (1869)

Brief Fact Summary. McCardle, a newspaper editor arrested for writing articles critical of Reconstruction, petitioned the Supreme Court of the United States (United States) for a writ of habeas corpus. McCardle argued the Military Reconstruction Act (the Act) and his prosecution were unconstitutional.

Synopsis of Rule of Law. Congress, by repealing the United State Supreme Court’s (Supreme Court) appellate review of writs of habeas corpus, effectively took jurisdiction over McCardle’s case away from the Supreme Court.

Facts. After writing a series of articles that were highly critical of Reconstruction, federal officials arrested McCardle under the Act. McCardle contended the Act was unconstitutional in providing military trials for civilians and claimed his prosecution violated provisions of the Bill of Rights, including the First, Fifth, and Sixth Amendments of the United States Constitution (Constitution). Before the Supreme Court ruled on the merits, Congress passed a law repealing Supreme Court appellate review of writs of habeas corpus.

Issue. Does the Act of Congress repealing Supreme Court appellate review of habeas writs remove jurisdiction in McCardle’s case?