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Attempting to sustain the party, Adams appointed Federalists to these offices during his last day as president. These "midnight judges" never received their commissions because a new Republican Congress immediately repealed the Judiciary Act of 180l, destroying the positions. Jefferson therefore told Secretary of State James Madison not to deliver some commissions.
One "midnight judge," William Marbury, whom Adams had appointed as a justice of the peace for Washington, D.C., sued for his commission using the Judiciary Act of 1789.
Marbury requested that the Supreme Court give him a writ of mandamus (a court order requiring a specific action) that would force Madison to hand over the commission...
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