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Case Detail


Hamdan v. Rumsfeld
On June 29, 2006, the U.S. Supreme Court struck down the Bush Administration's plan to convene military commissions to conduct trials of al Qaeda leaders accused of war crimes. The Court held that while the President has the authority to convene military commissions, the commissions that the Bush Administration established were improper because they did not provide defendants with all of the procedural rights required under the Uniform Code of Military Justice. The decision was a setback for WLF, which filed briefs in support of the Administration not only in the Supreme Court but also when the case was in the lower federal courts. WLF's briefs argued that Congress explicitly endorsed the creation of military commissions and that they have been utilized throughout American history. WLF also argued that the courts should abstain from hearing this challenge until after the commission conducted a trial. Justice Scalia's dissenting opinion drew much of its language from WLF's brief.
Case Status:
Loss.
More Information and Downloads:
2/23/2006: Download the Brief
12/8/2004: Download the Brief
9/3/2004: Download the Brief

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