Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted What Court (if any) Decided Ex parte Merryman?—A Response on SSRN. Here is the abstract:
This article explains why it is incorrect to characterize Ex parte Merryman as a decision of the Supreme Court of the United States, or as a decision for the United States Circuit Court for the District of Maryland, or as a decision for the United States District Court for the District of Maryland.
Merryman was not a decision of any court. Rather, it was decided by Chief Justice Taney under special authority granted to all Article III Justices and judges under the Judiciary Act of 1789.
