Hamdi

[David Cruz]

According to the New York Times, as best I can parse their story, O'Connor
was apparently joined in full by Breyer and Rehnquist in concluding that
Congress had authorized detentions such as Hamdi's in limited
circumstances, but that Hamdi "unquestionably has the right to access to
counsel."  Souter and Ginsburg agreed on the right to counsel, though they
are said to have wanted to rule Hamdi's detention improper.  Since
O'Connor is said to have written for the Court, presumably some subset of
Stevens, Scalia, Kennedy, and Thomas agreed that Congress had authorized
detentions.  For those with a subscription,
http://www.nytimes.com/2004/06/28/politics/28CND-SCOT.html?hp is the
story.

David B. Cruz
Professor of Law
University of Southern California Law School
Los Angeles, CA 90089-0071
U.S.A.