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Quotation from Ex parte Milligan by Supreme Court of the United States

“Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction.”

Supreme Court of the United States

Ex parte Milligan, Opinion of the Court (Davis, J.) (U.S. Reports text (Wikisource))

Portrait of Supreme Court of the United States

The majority's open-courts test, stated in a single sentence.

Citation: "Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction." — Supreme Court of the United States, Ex parte Milligan, Opinion of the Court (Davis, J.) (U.S. Reports text (Wikisource)). (id ex-parte-milligan-q4)

Portrait: DDavis, Brady-Handy collection, Public domain.

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Quote card: Martial rule can never exist where the courts are open, and in the proper and un