United States Supreme Court
542 U.S. 507 (2004)
In 2001, in response to attacks against the United States by the al Qaeda terrorist network on September 11, 2001, Congress passed the Authorization for Use of Military Force (AUMF), authorizing the President to use all appropriate and necessary force against persons suspected of engaging in terrorist activity against the United States. The President shortly thereafter ordered United States military forces into Afghanistan. This case arises out of the detention of Yaser Hamdi (defendant), a U.S. citizen, who was seized in Afghanistan on suspicion that he was actively working with the Taliban regime. He was turned over to the United States military. The United States interrogated Hamdi in Afghanistan before transferring him to the Guantanamo Bay Naval Base in 2002. After learning he was an American citizen, authorities transferred him to Norfolk, Virginia, and then Charleston, South Carolina. The Government contended that because Hamdi was an “enemy combatant” it could hold him indefinitely in the United States without formal charges or proceedings until it determined that access to counsel or further process was warranted. Hamdi’s father filed a writ of habeas corpus, alleging that Hamdi’s detainment violated the Fifth and Fourteenth Amendments, and demanding that Hamdi be appointed counsel and given a fair hearing. The government (plaintiff) filed a motion to dismiss, which included an outline of the evidence against Hamdi, called the Mobbs Report. The district court found that the Mobbs Report did not contain enough evidence to hold Hamdi without trial. The Fourth Circuit reversed, holding that the United States acted constitutionally in detaining Hamdi, and Hamdi petitioned for certiorari to the United States Supreme Court. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (O’Connor, J.)
Concurrence/Dissent (Souter, J.)
Dissent (Scalia, J.)
Dissent (Thomas, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.