Statement Re: the Decision by the U.S. Supreme Court in Rumsfeld v. Hamdi

June 28, 2004 — The American Bar Association is pleased that the Supreme Court’s decision in Rumsfeld v. Hamdi reaffirms a principle that has been a bedrock of our democracy: that U.S. citizens deprived of their liberty are entitled to contest the basis of their detentions in a court of law, and fundamental fairness requires access to counsel to assist them in that challenge.

As has been recognized by the Court since the nation’s founding, secret determinations by the executive branch concerning the liberty of its citizens are fundamentally inconsistent with the core meaning of due process and the rule of law in a democratic society.