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Index/Topics/Ex parte Milligan Decision

Ex parte Milligan Decision

The Supreme Court's decision in Ex parte Milligan, which held that trying civilians by military commission was unlawful.

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3 results
Jan 15, 2026
Most Viewed

How has the Supreme Court ruled on martial law cases?

The Supreme Court’s martial law decisions form a sparse, old, and sometimes contradictory patchwork: the Court has repeatedly ruled that military rule is permissible only in narrow circumstances, has ...

Jan 16, 2026
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How has the Supreme Court ruled on military trials of civilians in U.S. history?

The Supreme Court’s long run of decisions has carved a narrow rule: civilians may not be tried by military tribunals when ordinary civilian courts are open and functioning, yet the Court has allowed e...

Jan 15, 2026

How did Ex parte Milligan and Luther v. Borden shape modern limits on martial law?

Ex parte Milligan decisively constrained the reach of martial law by holding that military tribunals cannot try civilians where civilian courts are open and operating, reasserting constitutional safeg...

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