It was the law during Lincoln's presidency and he chose to ignore it and his
duty. You can't put a perspective on it 70 years later. Lincoln had the
right to request review en banc by the Supreme Court after the Ex Parte
Merryman decision was released, he didn't do that, the decision became the law of
the land and he was duty bound to obey it. He did not do so. There is no
defense.
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