McCardle invoked habeas corpus in the Circuit Court of the Southern District of Mississippi.

The judge sent him back into custody, finding the military actions legal under Congress' law.

Since the Court held it lacked jurisdiction to hear the case, the second question was not answered.

Since Congress had withdrawn jurisdiction to hear the case, McCardle had no legal recourse to challenge his imprisonment in federal court.

Creating such legislation was legitimate under the authority granted them by the United States Constitution.