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|
|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|
A U.S. citizen was captured in Afghanistan and found to be part of al Qaeda.
Whether the Executive has the authority to detain citizens who qualify as enemy combatants.
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.
The Executive authority to detain individuals who are classified as enemy combatants are still afforded Due Process.