Ex Parte Barry was a United States Supreme Court case that dealt with the issue of whether or not an individual could be held in contempt for failing to appear before a court. The petitioner, William H. Barry, had been summoned by the Circuit Court of Mississippi to testify as a witness in an ongoing trial but failed to appear on multiple occasions despite being warned he would face punishment if he did not comply. In its ruling, the Supreme Court found that while it is within the power of courts to punish individuals who fail to obey their orders and mandates, such punishments must be done so judiciously and only when necessary. Furthermore, they noted that any penalties imposed should take into account mitigating factors such as age or health issues which may have prevented someone from appearing before court when ordered. Ultimately Ex Parte Barry established important precedent regarding how courts can handle those who do not comply with their orders without infringing upon civil liberties and rights guaranteed under law.

In Ex Parte Barry, the Supreme Court was asked to decide whether a writ of habeas corpus should be issued for an individual who had been arrested and held in custody by the United States Marshal. The majority opinion found that Congress did not have the power to authorize such arrests without due process of law. However, Justice Story dissented from this decision on two grounds: firstly, he argued that Congress had authority under Article I Section 9 of the Constitution to suspend habeas corpus; secondly, he contended that even if it did not have such authority, then it could still exercise its inherent powers as part of its duty to protect public safety and security. He concluded by stating his belief that "the government must possess some means...for protecting itself against imminent danger." In other words, Justice Story believed that when faced with a threat or emergency situation which required immediate action – such as arresting someone suspected of treason – then Congress should be able to take whatever steps were necessary in order to protect national security interests.