Hamdi v. Rumsfeld’s Empirical Analysis
316 F.3d 450 · 2003
Citation profile
20 federal appellate · 1 district ·
Appellate journey
Relationships
Applies 10 U.S.C. § 956 · 18 U.S.C. § 4001 · 28 U.S.C. § 1292 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on In the Matter of Samuel Winship · Powell v. State of Alabama Patterson · Duncan v. State of Louisiana · Immigration and Naturalization Service v. Enrico St Cyr · Mistretta v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We have no occasion ... to address the designation as an enemy combatant of an American citizen captured on American soil or the role that counsel might play in such a proceeding. We shall, in fact, go no further in this case than the specific context before us — that of the undisputed detention of a citizen during a combat operation undertaken in a foreign country.””
2 later decisions quote this exact passage“Ibid. 6 On remand, the Government filed a response and a motion to dismiss the petition. It attached to its response a declaration from one Michael Mobbs (hereinafter Mobbs Declaration), who identified himself as Special Advisor to the Under Secretary of Defense for Policy. Mobbs indicated that in this position, he has been”
2 later decisions quote this exact passage“[Bjecause Hamdi was indisputably seized in an active combat zone abroad, we will not require the government to fill what the district court regarded as gaps in the Mobbs affidavit. The factual averments in the affidavit, if accurate, are sufficient to confirm that Hamdi’s detention conforms with a legitimate exercise of the war powers given the executive by Article II, Section 2 of the Constitution and ... is consistent with the Constitution and laws of Congress. Asking the executive to 'provide more detailed factual assertions would be to wade further into the conduct of war than we consider appropriate and is unnecessary to a meaningful judicial review of this question.”
1 later decision quote this exact passage · from the dissente.g. Hamdi v. Rumsfeld
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.