Ex parte Garland

Petitioner

Augustus H. Garland

Respondent

United States

Petitioner's Claim

That the act of Congress of 24 January 1865, which required all lawyers who practiced before a federal court to swear that they had no sympathy toward the Confederacy, was unconstitutional.

Chief Lawyers for Petitioner

Matthew H. Carpenter, Reverdy Johnson

Chief Lawyers for Respondent

Henry Stanbery, U.S. Attorney General; James Speed

Justices for the Court

Nathan Clifford, Stephen Johnson Field (writing for the Court), Robert Cooper Grier, Samuel Nelson, James Moore Wayne

Justices Dissenting

Salmon Portland Chase, David Davis, Samuel Freeman Miller, Noah Haynes Swayne

Place

Washington, D.C.

Date of Decision

14 January 1867

Decision

Federal and state governments may not require loyalty oaths.

Related Cases

• Cummings v. Missouri, 4 Wall. 277 (1867).
• In re North, 62 F.3d 1434 (1994).
• In re Abrams, 689 A.2d 6 (1997).

Further Readings

• Biskupic, Joan, and Elder Witt, eds. Congressional Quarterly's Guide to the U.S. Supreme Court, 3rd ed. Washington, DC: Congressional Quarterly, Inc., 1996.
• Johnson, John W. Historic U.S. Court Cases, 1690-1990: An Encyclopedia. New York: Garland Publishing, 1992.