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Bench Memos

NRO’s home for judicial news and analysis.

Hamdan



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The Supreme Court’s assertion of jurisdiction over , and subsequent invalidation of, the military tribunals should not come as a surprise. According to early reports, the Court specifically held that the commissions were illegal under both domestic and international law. On the other hand, the Court apparently reaffirmed the executive’s authority to detain enemy combatants for the duration of hostilities. Justice Stevens wrote the primary opinion, though there is also a concurrence by Justice Kennedy. Justices Scalia, Thomas, and Alito dissented, and each wrote an opinion.



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