Part II, How Scholars Change Their Minds: 2006, 2009, and 2017

 

BEFORE

Amanda L. Tyler , Is Suspension a Political Question, 59 Stanford L. Rev. 333 (2006):

Taney, in turn, ordered the release of the prisoner; Lincoln, however, did not comply with the order.

Id. at 355 n.121 (emphasis added).

Amanda L. Tyler, Suspension as an Emergency Power, 118 Yale L.J. 600 (2009):

As is well known, Chief Justice Taney concluded in Ex parte Merryman, 17 F. Cas. 144 (Taney, Circuit Justice, C.C.D. Md. 1861) (No. 9487), that the President does not possess the unilateral power to suspend the writ, and Chief Justice Taney ordered the release of John Merryman, who was taken by the military from his home in Baltimore and detained at Fort McHenry, all pursuant to a unilateral presidential authorization of a suspension in the area.

Id. at 638 n.181 (emphases added).

AFTER

Amanda L. Tyler, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay (2017):

[T]he chief justice ordered General Cadwalader to appear and produce the body of John Merryman at a hearing to be held the next day . . . .

Id. at 161 (emphasis added).

Seth Barrett Tillman, Part II, How Scholars Change Their Minds: 2006, 2009, and 2017, New Reform Club (Aug. 8, 2021, 5:00 AM), <https://reformclub.blogspot.com/2021/08/part-ii-how-scholars-change-their-minds.html>;