After examining the legal issue raised by both sides prior to the American Civil War, Professor Katz concludes that although both the Union and the Southern states phrased their arguments in legal terms and recognized that a procedure existed whereby the issue could have been submitted to the Supreme Court, a judgment rendered by the Court (assuming the Court determined the issue to be justiciable),"... would not have altered the event. The United States and the Confederacy would have gone to war." This conclusion indicates that at least one (and, perhaps, two) of the optimum conditions for submission of the secession issue to adjudication and for compliance with a determination thereof was not present.
David M. Cohen,
The Cold War and the Peaceful Settlement of Disputes: A Comment,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol6/iss2/5