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Did Marbury's case ever go to the lower federal courts?

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December 24, 2010 12:08AM

No. William Marbury filed a petition for a writ of mandamus (an

order compelling an official to take - or refrain from taking - a

legal action) with the US Supreme Court, which is the head of the

federal court system.

The Judiciary Act of 1789 assigned original jurisdiction to the

Supreme Court for writs of mandamus against government officials,

which Chief Justice Marshall decided was not the Constitution's

intention. According to Marshall, Marbury's case was not within the

Court's jurisdiction; he would have to file with the lower court

(District Court) for relief.

Marbury never refiled his case.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)


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