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Hamdi Vs. Rumsfeld
Cites for this judgment
- US Supreme Court
- Jun 28, 2004
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Syllabus October Term, 2003 Hamdi V. RumsfeldSearch
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Supreme Court of the United States Hamdi Et Al. V. RumsfeldSearch
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J., filed a dissenting opinion, in which Stevens, J., joined. Thomas, J., filed a dissenting opinion. Hamdi v. RumsfeldSearch
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Brief any citation in this list with AI Studio
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Opinion of O'Connor, J. Hamdi V. RumsfeldSearch
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States No. 03-6696 Yaser Esam Hamdi and Esam Fouad Hamdi, as Next Friend of Yaser Esam Hamdi, Petition- Ers V. DonaldSearch
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Both Smith v. ShawSearch
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Connell v. HamptonSearch
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citing Superintendent, Mass. Correctional Institution at Walpole v. HillSearch
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s asserted justifications for that detention have basis in fact and warrant in law. See, e.g ., Zadvydas v. DavisSearch
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U. S. Const., Amdt. 5, is the test that we articulated in Mathews v. EldridgeSearch
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U. S. 319 (1976). See, e.g. , Heller v. DoeSearch
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s own government. Foucha v. LouisianaSearch
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Jones v. UnitedSearch
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this stage in the Mathews calculus, we consider the interest of the erroneously detained individual. Carey v. PiphusSearch
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Connor v. DonaldsonSearch
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U. S. 563 , 575 (1975), our starting point for the Mathews v. EldridgeSearch
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in the hands of those who are best positioned and most politically accountable for making them. Department of Navy v. EganSearch
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Youngstown Sheet & Tube Co. v. SawyerSearch
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in those times that we must preserve our commitment at home to the principles for which we fight abroad. See Kennedy v. Mendoza&nbhyphSearch
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see also United States v. RobelSearch
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s factual assertions before a neutral decisionmaker. See Cleveland Bd. of Ed. v. LoudermillSearch
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quoting Mullane v. CentralSearch
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Concrete Pipe & Products of Cal., Inc. v. ConstructionSearch
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quoting Ward v. MonroevilleSearch
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U. S. 67 , 80 (1972) (quoting Baldwin v. HaleSearch
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honored and constitutionally mandated roles of reviewing and resolving claims like those presented here. Cf. Korematsu v. UnitedSearch
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conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake. Mistretta v. UnitedSearch
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Home Building & Loan Assn. v. BlaisdellSearch
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time whether any treaty guarantees him similar access to a tribunal for a determination of his status. Hamdi v. RumsfeldSearch
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Scalia, J., Dissenting Hamdi V. RumsfeldSearch
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prosecute, or by asserting that it was incapacitating dangerous offenders rather than punishing wrongdoing. Cf. Kansas v. HendricksSearch
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during World War I in a spying conspiracy on behalf of Germany were tried in federal court. See United States v. FrickeSearch
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United States v. RobinsonSearch
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A German member of the same conspiracy was subjected to military process. See United States ex rel. Wessels v. McDonaldSearch
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them (with the exception of one citizen-saboteur, discussed below) were punished under the criminal process. See Haupt v. UnitedSearch
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see also Cramer v. UnitedSearch
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against the United States was subjected to criminal process and convicted upon a guilty plea. See United States v. LindhSearch
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Stat. 691. In 1905 the writ was suspended for nine months by proclamation of the Governor. See Fisher v. BakerSearch
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