Hamdan v. Rumsfeld 2006

Could the President try Guantánamo detainees by military commissions he established?

548 U.S. 557 (2006)War and national security
The question
Could the President try Guantánamo detainees by military commissions he established?
What the Court held
No. The commissions were not authorized by Congress and violated the Uniform Code of Military Justice and the Geneva Conventions.
The vote
5–3. Chief Justice Roberts did not take part.

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

Where the question came from. The events behind it.

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