The Roberts Court (2005–present)


CourtSpeak: Hamdan v. Rumsfeld Military Commissions Case (2006)

Justice John Paul Stevens (plurality): “It bears emphasizing that Hamdan does not challenge, and we do not today address, the Government’s power to detain him for the duration of active hostilities in order to prevent such harm. But in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction.”

Justice Clarence Thomas (dissenting): “The plurality’s willingness to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous.”


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