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Understanding Terrorism Cases

Current Cases

The following cases were decided by the U.S. Supreme Court in June 2004. They illustrate the competing interests that arise between individual liberties and the public safety during times of national crisis. They also illustrate the manner in which, even in wartime, the writ of habeas corpus protects individuals' rights and liberties. The three cases are Hamdi v. Rumsfeld, Rasul v. Bush, and Rumsfeld v. Padilla. Both Hamdi and Padilla explore the ability of U.S. citizens detained as enemy combatants to challenge the legality of their confinements. Rasul explores the ability of foreigners detained as enemy combatants to challenge the legality of their confinements.

A list of discussion starters is provided after the cases. Participants are encouraged to discuss their opinions concerning the court decisions in these cases and their rationale.

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