Docket No.: 03-6696 Topics:
Certiorari Granted: Jan 9 2004
Argued: April 28, 2004
Decided: June 28, 2004
Due Process, Due Process, Hearing or Notice, Article I, Bill of Rights, Constitutional Law, Due Process, Fifth Amendment, Fourteenth Amendment, Judicial Power, Suspension Clause, Torture Victim Protection Act, criminal procedure, habeas, habeas corpus, immigration, judicial review, probable cause, property rights, qualified immunity, separation of powers
PartyNames: Yaser Esam Hamdi and Esam Fouad Hamdi, as Next Friend of Yaser Esam Hamdi v. Donald H. Rumsfeld, Secretary of Defense, et al.
Petitioner: Yaser Esam Hamdi and Esam Fouad Hamdi, as Next Friend of Yaser Esam Hamdi
Respondent: Donald H. Rumsfeld, Secretary of Defense, et al.
Court Below: United States Court of Appeals for the Fourth Circuit
Citation: CA 4, 316 F.3d 450 QUESTIONS PRESENTED I. Does the Constitution permit Executive officials to detain an Americancitizen indefinitely in military custody in the United States, hold him essentially incommunicado and deny him access to counsel, with noopportunity to question the factual basis for his detention before any impartial tribunal, on the sole ground that he was seized abroad in a theater of the War on Terrorism and declared by the Executive to be an "enemy combatant"?
Supreme Court Docket