From our private database of 28,700+ case briefs...
Ex Parte McCardle
United States Supreme Court
74 U.S. (7 Wall.) 506, 19 L.Ed. 264 (1869)
William McCardle (defendant), a newspaper editor in Vicksburg, Mississippi, was arrested by federal government officials after he wrote a series of newspaper articles that were highly critical of the post-Civil War Reconstruction and resulting military rule of the South. The federal government justified McCardle’s arrest on the ground that he violated several provisions of the Reconstruction Acts. McCardle sought a writ of habeas corpus from a federal court in Mississippi, but was ultimately unsuccessful in challenging his arrest. McCardle then sought appellate review of his habeas corpus petition in the United States Supreme Court, relying on an 1867 congressional statute that permitted the Supreme Court to have appellate jurisdiction over such matters. However, while the case was pending in the Supreme Court, Congress passed a new law repealing the part of the 1867 statute that permitted Supreme Court appellate review of writs of habeas corpus. President Andrew Johnson vetoed this legislation, but Congress immediately overrode his veto and reinstated its repeal of the 1867 statute.
Rule of Law
Holding and Reasoning (Chase, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 545,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 545,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.