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Chief Justice Marshall (and the US Supreme Court) didn'trule against Marbury; the opinion of the Court clearly stated Marbury and his fellow plaintiffs were entitled to their commissions. The only reason they didn't receive them via a writ of mandamus from the Supreme Court was that the Court also determined it lacked authority to issue the order under its original (trial) jurisdiction. The reasoning was that Congress had attempted to expand the Supreme Court's constitutional authority into an area not explicitly permitted in Article III.

Chief Justice Marshall told Marbury he would have to first refile his case in a lower court then, if necessary, bring it to the Supreme Court on appeal.

There were two unspoken issues underlying the court's opinion. The first was Marshall had to maneuver around the likelihood that Jefferson/Madison would never agree to reissue the discarded commissions, and the Supreme Court lacked any authority to enforce such an order.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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William Marbury didn't exactly lose his case; he was told the Supreme Court couldn't issue the requested court order because they determined they didn't have proper jurisdiction to hear his case at trial. According to Chief Justice Marshall, Section 13 of the Judiciary Act of 1789, which empowered the Court to issue a writ of mandamus (court order compelling an official to take action) was unconstitutional because issuing writs of mandamus against government officials wasn't part of the Court's original (trial) jurisdiction in the US Constitution. Marshall decided they couldn't issue the writ, despite the fact that Marbury was entitled to receive it.

This wasn't really a loss for Marbury, because Marshall didn't find in favor of either party. He said Marbury could file his case in the lower courts, then appeal to the Supreme Court, if necessary. Marbury dropped the case.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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14y ago
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Q: Why did William Marbury lose his case?
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