Murbury brought suit, asking the Supreme Court to order Madison to deliver the appointment papers. Marbury claimed that the Judicary Act of 1789 gave the Supreme Court power to do so.

Facts surrounding Marbury were complicated because in the election of 1800, the newly organized Democratic-Republican party of Thomas Jefferson defeated the Federalist Party of John Adams, creating an atmosphere of political panic for the lame duck Federalist.

A controversy arose when Adams appointed William Marbury as a justice of the peace. The documents supporting Marbury's appointment were never delivered.

When Jefferson took office, Secretary of State James Madison would not deliver the documents. Marbury sued and asked the Supreme Court to order Madison to give him the documents.