July 29, 2025


When Lincoln Defied the Supreme Court: A Historical Echo in Modern Biglaw

During times of national crisis, the boundaries of executive power can be stretched—sometimes to controversial extents. A notable historical instance of this was when President Abraham Lincoln famously suspended the writ of habeas corpus during the Civil War. This executive decision has occasionally been mirrored in modern politics, notably referenced by the Trump administration during debates on the legal handling of individuals with temporary status awaiting citizenship.

The suspension of habeas corpus allowed for the arrest and indefinite detention of individuals without trial, a measure Lincoln deemed necessary to quell Civil War insurrections. However, Lincoln's actions were not without judicial challenge. The pivotal moment came with the case of *Ex Parte Merryman*, where Chief Justice Roger Taney ruled that the suspension was unconstitutional without Congressional approval. Lincoln, prioritizing wartime security, chose not to comply with Taney's ruling, creating a historic standoff between the executive and judiciary branches.

This historical episode parallels debates in contemporary governance about the extent and limits of presidential powers, especially concerning individual freedoms and the rule of law. The Trump administration’s citation of Lincoln’s actions to justify certain modern policies prompted discussions on the delicate balance of safeguarding national interests while adhering to constitutional norms.

Interestingly, the military governor of Maryland involved in the *Ex Parte Merryman* case, whose refusal to release Merryman as ordered by Taney sparked this significant constitutional conflict, has a notable connection to Biglaw. His second cousin, who had graduated from Harvard Law just a year before the Merryman incident, went on to achieve significant stature within the legal industry.

This historical intertwining of significant legal figures from the past with the modern Biglaw landscape offers a fascinating perspective on the recurring themes and challenges in the legal profession and governance. It underscores the ongoing dialogue between past precedents and present-day legal practices, highlighting how historical events continue to shape and inform the legal and political arenas today.

For more on how this historical event relates directly to developments in Biglaw and its implications on current legal practices, see the detailed account in the full article. This exploration not only enriches our understanding of legal history but also provides insights into the evolution of legal practices in the face of national challenges.