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The Xavier delegation with Philip Lacovara, Esq' 60.

Xavier joins Justice Antonin Scalia '53 and Philip Lacovara, Esq. '60 at the New York Historical Society

On Thursday evening, Feb. 4th, Xavier President Jack Raslowsky joined with members of the Xavier community and over 300 others at the New York Historical Society’s Re-enactment of Ex parte Milligan.

The program was part of the historical society’s year-long focus on Lincoln in New York. In 1864 Lambdin Milligan was arrested for his alleged involvement in a conspiracy to free Confederate soldiers from Union prison camps. Sentenced to death for treason by a military commission, Milligan subsequently challenged the commission's jurisdiction in a petition for a writ of habeas corpus.

After the war, the Supreme Court granted Milligan's writ and held in a landmark decision that military tribunals cannot try U.S. citizens when courts are open and functioning.

Hon. Antonin Scalia ’53, Associate Justice of the United States Supreme Court, presided at the re-enactment. Philip Lacovara, Esq. ’60 argued on behalf of the government that Milligan’s arrest and trial before the military tribunal was legal, justifiable and the correct course of action.

Lacovara is currently Senior Counsel at Mayer Brown JSM and has argued several cases before the Supreme Court. He and his wife Madeline are long-time supporters of both Xavier and the New York Historical Society. Through Madeline’s leadership of the board, they were also instrumental in the successful opening of Cristo Rey High School in New York City.

Walter Dellinger, a partner and chair of the Appellate Practice at O'Melveny & Myers LLP, argued on behalf of Mr. Milligan. The presentations and commentary from the bench were always learned and often humorous and insightful. The assembled audience enjoyed seeing history in action and clearly appreciated the work of counsel and the court.

After the event, Justice Scalia stopped to greet Mr. Raslowsky and Cadet Col. Kevin Taub ’10. Joining Xavier’s President and the Cadet Col. at the event in support of our distinguished alumni were Mr. Richard Nolan, Esq. ’83, chair of Xavier’s board of trustees, Mr. Michael LiVigni, headmaster, Mr. Joe Gorski, vice president for advancement and alumni relations, Lt. Col. Roy Campbell, senior army instructor and cadets from Xavier's JROTC Regiment.

Xavier will return to the New York Historical Society on Tuesday, Feb. 9th, as Dave Anderson ’47, Pulitzer Prize-winning columnist for the New York Times joins with Frank Gifford and others to discuss pro football in New York and the 1958 Giants –Colts game referred to by many as the greatest game ever played.

Click here for full information on that event.