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Judicial Power & Separation of Powers

Ex parte McCardle

Decided: 1869

In brief

Held that Congress can strip the Supreme Court of appellate jurisdiction over specific cases.

The Court's ruling in depth

William McCardle, a Reconstruction-era editor, sought habeas relief after military arrest. Fearing the Court would strike down Reconstruction, Congress repealed the statute conferring jurisdiction while the case was pending. The Court held it must dismiss: Article III makes appellate jurisdiction subject to 'such exceptions, and under such regulations as the Congress shall make.' McCardle remains the leading (and controversial) authority for congressional 'jurisdiction stripping.'

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