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Author Topic: Hamdan v. Rumsfeld  (Read 562 times)

Evolve

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Hamdan v. Rumsfeld
« on: June 29, 2006, 11:20:08 AM »
Wow, 5-3 for Hamdan! I'm both overjoyed and shocked by the decision. Though I think what's been going on down in Gitmo is atrocious, I have a hard time fathoming the Court's reasoning on this issue and how they got around the Detainee Treatment Act to get there. Since the slip isn't out yet I guess I'll just have to wait, but in the mean time what are your thoughts on the case and the Court's potential thinking?

slacker

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Re: Hamdan v. Rumsfeld
« Reply #1 on: June 29, 2006, 10:38:28 PM »
I haven't read the entire decision, although I've skimmed the syllabus. I agree, not exactly a huge "win" or "defeat" (depending on your POV). However, it's nice to see that this is not (yet) a rubber-stamp court.

J D

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Re: Hamdan v. Rumsfeld
« Reply #2 on: June 29, 2006, 11:29:59 PM »
from what i understand, the SC holding is only about procedure and that the Congress needs to be involved in the process of detaining and trying these terrorists.

Not nearly as big a deal as I think some may believe (wish for)

I haven't read the decision yet, and probably won't unless, by some fluke, it becomes relevant to my assignments for work (I have more than enough cases to comb through already without having to trudge through this 185-page monster, thank you!).  But it looks as though jurisdiction was one of the major challenges here in terms of the issues.  :-\
"I never think of the future.  It comes soon enough."--Albert Einstein