The State of Mississippi, in April 1867, brought suit to restrain the President from executing the reconstruction acts.

The Court refused to interfere with the executive.

A similar suit was then brought against Secretary Stanton by Georgia with a like result.

But in 1868, in the case of ex parte McCardle, it appeared that the question of the constitutionality of the reconstruction acts would be passed upon.
McCardle, a Mississippi editor arrested for opposition to reconstruction and convicted by military commission, appealed to the Supreme Court, which asserted its jurisdiction.

But the radicals in alarm rushed through Congress an act (March 27, 1868) which took away from the Court its jurisdiction in cases arising under the reconstruction acts.