Commission Control: The Court's Narrow Holding in Hamdan v. Rumsfeld Spurred Congressional Action But Left Many Questions Unanswered. So What Happens Now?

Authors

Thomas M. Gore

Publication Date

3-2007

Document Type

Casenote

Abstract

By a 5-3 vote in Hamdan v. Rumsfeld, the United States Supreme Court held that the military commissions established by President George W. Bush to try al Qaeda members and other terrorists lacked the "power to proceed because [their] structure and procedures" violate the Uniform Code of Military Justice ("UCMJ") and the Geneva Conventions. In so holding, the Court exercised its power as a significant check on presidential power, but left many questions unanswered. In the wake of Hamdan, Congress enacted the Military Commissions Act of 2006 ("MCA"'). The answers to the questions not addressed by the Court in Hamdan will likely be revisited in future challenges to the MCA.

Recommended Citation

Gore, Thomas M. (2007) "Commission Control: The Court's Narrow Holding in Hamdan v. Rumsfeld Spurred Congressional Action But Left Many Questions Unanswered. So What Happens Now?," Mercer Law Review: Vol. 58: No. 2, Article 8.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol58/iss2/8