[aristeides]

Why do you call Taney's decision in Merryman ex parte? As far as I know, it was a legitimate opinion of the circuit court. Taney happened to be the judge to whom the case was assigned, so he decided the case and wrote the opinion. But in what sense was his decision ex parte?

[Non-Sequitur]

Why do you call Taney's decision in Merryman ex parte?

Ex parte is latin for one party. Ex parte proceedings are ones where one party is not present in court and is not represented by counsel. It has nothing to do the legitmacy of the decision