The writ of habeas corpus has been suspended multiple times in U.S. history, most notably during the American Civil War. Key suspensions include:
- In April 1861, President Abraham Lincoln first suspended habeas corpus in Maryland during the early days of the Civil War due to fears of rebellion and disruption of vital rail lines. This suspension was limited to that region initially.
- On March 3, 1863, the U.S. Congress passed the Habeas Corpus Suspension Act, which authorized the President to suspend habeas corpus across the nation during the rebellion. Lincoln signed this into law and six months later, in September 1863, he exercised his authority under the Act to suspend habeas corpus throughout the Union for cases involving prisoners of war, spies, traitors, and military personnel.
- This suspension continued until it was partially lifted by President Andrew Johnson and eventually revoked at the end of the Civil War in December 1865.
Other instances of suspension include in 1902 in the Philippines during U.S. colonial rule and during World War II in Hawaii under martial law. The suspension during the Civil War remains the most significant example, where Lincoln argued it was necessary for public safety during rebellion despite controversies and opposition on constitutional grounds.
