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Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions ratified by the U.S. [1]
The Supreme Court, in a 5-to-3 decision authored by Justice John Paul Stevens, held that neither an act of Congress nor the inherent powers of the Executive laid out in the Constitution expressly authorized the sort of military commission at issue in this case.
Mar 28, 2006 · Facts of the case. Salim Ahmed Hamdan, Osama bin Laden's former chauffeur, was captured by Afghan forces and imprisoned by the U.S. military in Guantanamo Bay. He filed a petition for a writ of habeas corpus in federal district court to challenge his detention.
Hamdan v. Rumsfeld1 is a rare Supreme Court rebuke to the Presi-dent during armed conflict. The time is not yet right to tell all of the backstory of the case, but it is possible to offer some preliminary re-flections on how the case was litigated, the decision, and its implica-tions for the oft-noticed divide between legal theory and practice.
The Court of Appeals dismissed Hamdan’s Geneva Convention challenge on three independent grounds: (1) the Geneva Conventions are not judicially enforceable; (2) Hamdan in any event is not entitled to their protections; and (3) even if he is entitled to their protections, Councilman abstention is appropriate. Judge Williams, concurring ...
Mar 28, 2006 · Hamdan v. Rumsfeld is one of several cases to reach the Supreme Court challenging the Bush administration’s conduct in the “war on terror”. See e.g., Hamdi v. Rumsfeld, 542 U.S. 507, 537 (2004); Rasul v. Bush, 542 U.S. 466 (2004); Rumsfeld v. Padilla, 542 U.S. 426 (2004).
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Hamdan v. Rumsfeld. 548 U.S. 557. Case Year: 2006. Case Ruling: 5-3, Reversed and Remanded. Opinion Justice: Stevens. FACTS.
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