Ableman v. Booth
| Ableman v. Booth United States v. Booth |
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| Argued January 19, 1859 Decided March 7, 1859 |
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| Full case name | Stephen V. Ableman, plaintiff in error v. Sherman M. Booth; and the United States, plaintiff in error v. Sherman M. Booth |
| Citations | 62 U.S. 506 (more) |
| Holding | |
| A state court cannot grant a writ of habeas corpus to a prisoner arrested under the authority of the United States and in federal custody. | |
| Court membership | |
| Case opinions | |
| Majority | Taney, joined by unanimous |
Ableman v. Booth, 62 U.S. 506 (1859), was a United States Supreme Court case in which the Court held that State courts cannot issue rulings on federal law that contradict the decisions of federal courts, overturning a decision by the Supreme Court of Wisconsin. The Supreme Court held that under the Constitution, the federal courts have the final power to decide cases arising under the Constitution and federal statutes, and that the States do not have the power to overturn those decisions. Thus, Wisconsin did not have the authority to nullify federal judgments or statutes.
For example, it is illegal for State officials to interfere with the work of U.S. Marshals acting under federal laws.
The Ableman decision emphasized the dual form of American government and the independence of State and federal courts from one another.
In 1854, abolitionist editor Sherman Booth was arrested for violating the Fugitive Slave Act when he helped incite a mob to rescue an escaped slave, Joshua Glover, in Wisconsin from US Marshal Stephen V. R. Ableman. Booth sought a writ of habeas corpus from a Wisconsin state judge. The Wisconsin judge granted the writ, ordering Booth released from federal custody. The US Marshal appealed to the state supreme court, which ruled the federal law unconstitutional and affirmed Booth's release. When Ableman turned to the federal courts, the Wisconsin Supreme Court refused to recognize the authority of the federal courts, again ordered Booth's release, and declared the Fugitive Slave Act of 1850 unconstitutional. The Wisconsin Supreme Court thereby attempted to annul the judgment of the federal court. Glover escaped to Canada, beyond the reach of Federal law enforcement.
The case went to the U.S. Supreme Court. The Court, in a unanimous opinion written by Chief Justice Roger B. Taney, stated that the Wisconsin Supreme Court had effectively asserted the supremacy of state courts over federal courts in cases arising under the Constitution and laws of the United States. The Court noted that if the Wisconsin courts could annul the judgment of conviction by the federal district court in this case, then any state court could annul any conviction under federal law. The Court held that the states do not have that power.
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