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HAMDI v. RUMSFELD

No. 03-6696.

542 U.S. 507 (2004)

124 S.Ct. 2633

159 L.Ed.2d 578

HAMDI ET AL. v. RUMSFELD, SECRETARY OF DEFENSE, ET AL.

Supreme Court of United States.

Decided June 28, 2004.

Attorney(s) appearing for the Case

Frank W. Dunham, Jr., argued the cause for petitioners. With him on the briefs were Geremy C. Kamens, Kenneth P. Troccoli, and Frances H. Pratt.

Deputy Solicitor General Clement argued the cause for respondents. With him on the brief were Solicitor General Olson, Gregory G. Garre, and John A. Drennan.*

JUSTICE O'CONNOR announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE, JUSTICE KENNEDY, and JUSTICE BREYER join.

At this difficult time in our Nation's history, we are called upon to consider the legality of the Government's detention of a United States citizen on United States soil as an "enemy combatant" and to address the process that is constitutionally owed to one who seeks to challenge...

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