Hamdan v. Rumsfeld

The Court struck down the military commissions at Guantanamo Bay as unauthorized by law.

Overview

Salim Hamdan, once a driver for Osama bin Laden, faced trial by military commission established by executive order. Justice Stevens, for a 5-3 majority, held that the commissions violated the Uniform Code of Military Justice and Common Article 3 of the Geneva Conventions, lacking congressional authorization and required procedural protections. The decision rebuked unilateral executive war powers and prompted Congress to enact the Military Commissions Act, a provision of which was later invalidated in Boumediene. Hamdan remains a landmark on the limits of executive authority in wartime.