Case Law Index
federal1866
Additional Highlights:Military TribunalsDue ProcessCivil Liberties
Ex parte Milligan
United States Supreme Court
Key Holding
Civilians cannot be tried by military tribunals when civil courts are open and functioning, even during wartime.
Case Summary
Ex parte Milligan is a landmark decision limiting military power over civilians, holding that a civilian cannot be tried by a military commission as long as civilian courts are open and operating, regardless of the exigencies of war.
Primary Source: https://www.courtlistener.com/opinion/87816/ex-parte-milligan/