Hamdi v. Rumsfeld
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| Hamdi v. Rumsfeld | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | 542 US 507 (2004) |
| Date decided | June 28, 2004 |
| Appealed from | U.S. Court of Appeals, 4th Circuit |
| Case Opinions | |
| plurality | written by Sandra Day O'Connor joined by William H. Rehnquist, Anthony M. Kennedy, Stephen G. Breyer |
| concur/dissent | written by David H. Souter joined by Ruth Bader Ginsburg |
| dissent | written by Antonin Scalia joined by John Paul Stevens |
| dissent | written by Clarence Thomas |
Facts
A U.S. citizen was captured in Afghanistan and found to be part of al Qaeda.
Issues
Whether the Executive has the authority to detain citizens who qualify as enemy combatants.
Holding
Yes and no. A citizen held in the United States as an enemy combatant is guaranteed by Fifth Amendment due process the right to contest that detention before a neutral decisionmaker.
Rule
The Executive authority to detain individuals who are classified as enemy combatants are still afforded Due Process.
Resources
