2003 Supreme Court Term

Overview of the 2003 Supreme Court Term

The Supreme Court Term of 2003 will long be remembered for its emphatic repudiation of the Bush Administration's claim that it can conduct the war on terrorism as it sees fit with virtually no opportunity for meaningful judicial review.

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Supreme Court Cases

Right to Fair Procedures

Rumsfeld v. Padilla

12/11/2012 - Reviewing the President's authority to designate an American citizen an "enemy combatant" and detain him indefinitely in an American military brig without charges, trial, or private access to counsel. DECIDED

Right to Fair Procedures

Benitez v. Mata

1/12/2005 - Reviewing the government's claim that "Mariel" Cubans can be subject to indefinite detention if they have been found excludable from the United States and Cuba will not allow their return. DECIDED

Right to Fair Procedures

Josue Leocal v. Ashcroft

11/9/2004 -

Freedom of Expression

Ashcroft v. ACLU

6/29/2004 - Reviewing whether an Internet censorship law that attempts to safeguard children against sexually explicit material online unconstitutionally blocks lawful and valuable speech for adults. DECIDED

Right to Fair Procedures

Hamdi v. Rumsfeld

6/29/2004 - Reviewing the President's authority to designate an American citizen an "enemy combatant" and detain him indefinitely in an American military brig without charges, trial, or private access to counsel. DECIDED

Right to Fair Procedures

Rasul v. Bush

6/29/2004 - Reviewing a ruling that the federal courts are not entitled to hear a claim that detainees at Guantánamo Bay in Cuba are being held in violation of the Constitution and international law. DECIDED

Right to Fair Procedures

Beard v. Banks

6/24/2004 - Reviewing proper scope of federal habeas review in a death penalty case. DECIDED

Separation of Church and State

Hibbs v. Winn

6/22/2004 - Reviewing whether state tax credit scheme that is a variation on traditional school vouchers can be challenged in federal court. DECIDED

United States v. Alvarez-Machain

3/29/2004 - Reviewing whether the United States can be held liable under the Federal Tort Claims Act for the actions of DEA officials in the United States who planned and supervised the forcible abduction of a Mexican citizen from his office in Mexico. DECIDED

Right to Fair Procedures

Sosa v. Alvarez-Machain

3/29/2004 - Reviewing whether the federal courts have jurisdiction to hear human rights claims brought by foreign citizens under the Alien Tort Claims Act. DECIDED

Right to Privacy