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Probably, given Marbury's case may have been politically motivated, rather than driven by a real desire to serve as justice of the peace. This idea is supported by the fact that Marshall clearly explained Marbury's suit could be addressed by the courts, but had to be refiled in the lower courts. Since Marbury never refiled, it appears Marshall's public scolding of President Jefferson, combined with the decision's reinforcement of the Federalist-dominated Judicial branch, was satisfying enough.

It's not clear how actively Marbury (or his fellow plaintiffs) would have performed the duties of justice of the peace had the commissions been delivered, because Marbury was already a weathy man with numerous business interests.

The official citation of the case is Marbury v. Madison,5 US 137 (1803)

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The Court through Chief Justice Marshall unanimously decided not to require Madison to deliver the commission to Marbury.


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