Case Briefs-Hamdi v. Rumsfeld

Facts

-2004 -Hamdi, an American citizen, was captured in Afghanistan in 2001 as an "enemy combatant". He was held indefinitely. -A writ of habeas corpus was filed on behalf of Hamdi in efforts to have his detention declared unconstitutional.

Concurrence 1

-Justice David H. Souter, joined by Justice Ruth Bader Ginsburg -Not believing that the Authorization for Use of Military Force gave the government an adequate basis for detaining Hamdi, Souter questioned the constitutionality of the initial detainment.

Dissent 1

Justice Antonin Scalia, joined by Justice John Paul Stevens -The court is stepping outside of its bounds by prescribing procedures rather than reviewing the ones already in place. -The government should try Hamdi in criminal proceedings or suspend the writ of habeas corpus.

Dissent 2

Justice Clarence Thomas -In cases of war and military authorization, a strong deference to the executive branch should be made, and Hamdi therefore had been treated within the bounds of the Constitution.

Majority Opinion

Sandra Day O'Connor, joined by Justice Kennedy and Justice Breyer -Even with Congress' authorization of Hamdi's detention, Hamdi still has a constitutional right to challenge his detainment. -Based on the three-part balancing test of Mathews v. Eldridge, Hamdi has a constitutional right to challenge his combatant status. -The majority also held that the separation of powers doesn't prohibit the judiciary from hearing Hamdi's case.

Issue

Despite being labeled by the government an "enemy combatant", was Hamdi unconstitutionally detained through the violation of his Fifth Amendment right to Due Process and his inability to access an attorney?

Holding

4 Justice Plurality Yes.