Hamdi v. Rumsfeld

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Hamdi v. Rumsfeld
Court Supreme Court of the United States
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


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 decision-maker.


The Executive authority to detain individuals who are classified as enemy combatants are still afforded Due Process.