Hamdan v. Rumsfeld

In November 2001, President Bush issued an order establishing a system of military commissions as part of the war against terrorism. The commissions have been challenged as inconsistent with the Geneva Conventions and unauthorized by Congress. The ACLU filed an amicus brief arguing that congressional authorization cannot be presumed in the absence of a clear statement for two basic reasons. First, the commission rules do not guarantee either independence or impartiality, and are therefore deficient under any recognized legal standard. Second, the commissions discriminate against non-citizens in unprecedented fashion.
Blog: ACLU Legal Team on Hamdan