Learning Resources, Inc. v. Trump · ¶451

In the principal opinion by Justice O'Connor, the Court rejected Hamdi's statutory argument, explaining that it was “of no moment that the AUMF does not use specific language of detention.” Id., at 519. Rather, because “detention to prevent a combatant's return to the battlefeld is a fundamental incident of waging war, in permitting the use of `necessary and appropriate force,' Congress has clearly and unmistakably authorized detention in the narrow circumstances considered here.” Ibid.

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