Hamdi v. Rumsfeld

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Jump to navigationJump to search
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.

Case Text Links