Source: Law & Liberty
by Gary Schmitt
“Constitutional scholars have been quick to say that the president does not have [the power to suspend habeas corpsu] — it’s an Article I authority delegated to Congress — and it will be up to the Supreme Court to determine whether the United States has been invaded and the public’s safety is at risk. One might wish things were that cut and dry. But Abraham Lincoln’s suspension of the writ during the Civil War, and his subsequent refusal to abide by the Chief Justice Roger Taney’s denial of that authority, leaves us with a precedent that this White House might fully, if disingenuously, use to its advantage.” (05/19/25)