[20040712]RS21884_2003年最高法院任期：反恐战争中有关在押人员的意见汇总与分析.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21884July 12, 2004The Supreme Court 2003 Term: Summary andAnalysis of Opinions Related to Detainees inthe War on Terrorism name redactedLegislative AttorneyAmerican Law DivisionSummaryThe Supreme Courts decisions in Rasul, Hamdi, and Padilla affirm the Presidentspower to detain enemy combatants as part of the necessary force authorized by Congressafter the terrorist attacks of September 11, 2001, but approved a more limited scope ofthat authority than the President had asserted, and clarified that detainees have dueprocess rights under the Constitution. For more, see CRS Report RL31367, Treatmentof Battlefield Detainees in the War on Terrorism, and CRS Report RL31724,Detention of American Citizens as Enemy Combatants.At the close of its 2003-2004 term, the Supreme Court took up the war againstterrorism, issuing three decisions related to the detention of “enemy combatants.” InRasul v. Bush, the Court held that aliens detained at the U.S. Naval Station atGuantanamo Bay, Cuba, have access to federal courts to challenge their detention. InHamdi v. Rumsfeld, a plurality