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RASUL v. BUSH

No. 03-334.

542 U.S. 466 (2004)

RASUL ET AL. v. BUSH, PRESIDENT OF THE UNITED STATES, ET AL.

Supreme Court of United States.

Decided June 28, 2004.

Attorney(s) appearing for the Case

John J. Gibbons argued the cause for petitioners in both cases. With him on the briefs for petitioner Rasul et al. in No. 03-334 were Joseph Margulies, Barbara J. Olshansky, and Michael Ratner. Thomas B. Wilner, Neil H. Koslowe, and Kristine A. Huskey filed briefs for petitioner Al Odah et al. in both cases.

Solicitor General Olson argued the cause for respondents in both cases. With him on the brief were Assistant Attorney General Keisler, Deputy Solicitor General Clement, Deputy Assistant Attorney General Katsas, Gregory G. Garre, Douglas N. Letter, Robert M. Loeb, Sharon Swingle, and William H. Taft IV.†

STEVENS, J., delivered the opinion of the Court, in which O'CONNOR, SOUTER, GINSBURG, and BREYER, JJ., joined. KENNEDY, J., filed an opinion concurring in the judgment, p. 485. SCALIA, J., filed a dissenting opinion, in which REHNQUIST, C. J., and THOMAS, J., joined, p. 488.

JUSTICE STEVENS delivered the opinion of the Court.

These two cases present the narrow but important question whether United States courts lack jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at the Guantanamo Bay Naval Base, Cuba.

I

On September 11, 2001, agents of the al Qaeda terrorist network hijacked...

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