Hamdan V. Rumsfeld - The Supreme Court's Decision

The Supreme Court's Decision

On 7 November 2005, the Supreme Court issued a writ of certiorari to hear the case. The petition was filed on behalf of Hamdan by Neal Katyal of Georgetown University Law Center and Seattle University School of Law alumnus Lt. Commander Charles Swift of the U.S. Navy. Seattle law firm, Perkins Coie provided the additional legal counsel for Hamdan.

The case was argued before the court on 28 March 2006. Katyal argued on behalf of Hamdan, and Paul Clement, the Solicitor General of the United States, argued on behalf of the government. Chief Justice Roberts recused himself because he had previously ruled on this case as part of the three judge panel on the United States Court of Appeals for the District of Columbia Circuit. Critics called for Justice Antonin Scalia to recuse himself, since he had made allegedly improper comments about the decision of the case prior to hearing oral arguments ("I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy") but he chose not to do so.

The Supreme Court announced its decision on 29 June 2006. The Court reversed the ruling of the Court of Appeals, holding that President George W. Bush did not have authority to set up the war crimes tribunals and finding the special military commissions illegal under both military justice law and the Geneva Conventions.