Marks v. Vehlow

I

The majority opinion wholly declines to mention that the issue raised by the petition was the alleged validity of the Nebraska order — an issue which, insofar as the record discloses, was never decided. The majority mentions “the sanctity of the writ of habeas corpus” and “the discovery of a person sought by means of habeas corpus ... . ” The Great Writ, as it has been called, is recognized in our United States Constitution where it is referred to as “The Privilege of the Writ of Habeas Corpus ... . ” Indeed, it is a constitutional right of the highest magnitude, and came to us from the…