Acknowledgement of receipt (08/15/06) of judgment from Clerk, United States Court of Appeals for the District of Columbia Circuit received.

Record returned to U.S.C.A. for the D.C. Circuit.

Record returned to U.S.D.C. for the District of Columbia.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED Stevens,J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I through IV, VI through VI-D-iii, VI-D-v, and VII, in which Kenendy, Souter, Ginsburg, and Breyer, JJ., joine

Argued. For petitioner: Neal Katyal, Washington, D.C. For respondents: Paul D. Clement, Solicitor General, Department of Justice, Washington, D.C.

Request for recusal of Justice Scalia received from counsel for amici curiae Retired Generals and Admirals.

Motion for leave to file amicus brief filed by Scott L. Fenstermaker, et al. DENIED. The Chief Justice took no part in the consideration or decision of this motion. (orders list)

Reply of petitioner Salim Ahmed Hamdan filed. (Distributed)

Motion for leave to file amicus brief out of time filed by Scott L. Fenstermaker, et al. (Distributed)

Brief amici curiae of American Center for Law and Justice, et al. filed. (Distributed)

Brief amici curiae of Senators Graham and Kyl filed. (Distributed)

Brief amici curiae of Former Attorneys General of the United States, et al. filed. (Distributed)

Brief of respondents Donald H. Rumsfeld, Secretary of Defense, et al filed. (Distributed)

Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)

Brief amicus curiae of Citizens for the Common Defence filed. (Distributed)

Brief amici curiae of Washington Legal Foundation, et al. filed. (Distributed).

A total of 90 minutes is allotted for oral argument.

Motion for leave to file surreply regarding respondents' motion to dismiss GRANTED. The Chief Justice took no part in the consideration or decision of this motion. (orders list)

Motion for leave to file amici curiae brief filed by Former Federal Judges Shirley M. Hufstedler and William A. Norris GRANTED. The Chief Justice took no part in the consideration or decision of this motion. (orders list)

Further consideration of respondents' motion to dismiss for lack of jurisdiction is deferred to the hearing of the case on the merits. The Chief Justice took no part in the consideration or decision of this motion.

Motion DISTRIBUTED for Conference of February 17, 2006.

Motion for leave to file surreply regarding respondents' motion to dismiss filed by petitioner.

Respondents' reply brief in support of motion to dismiss for lack of jurisdiction filed. (Distributed)

Record received from U.S.D.C. for District of Columbia Circuit. (1 envelope)

Record received from U.S.C.A. District of Columbia Circuit. (1 box)

Motion DISTRIBUTED for Conference of February 17, 2006.

Petitioner's opposition to respondents' motion to dismiss filed. (Distributed)

Motion for leave to file amici brief filed by Former Federal Judges Shirley M. Hufstedler and William A. Norris.

Motion of petitioner for an order directing the parties to submit supplemental briefing is DENIED. The Chief Justice took no part in the consideration or decision of this motion. (orders list)

SET FOR ARGUMENT on Tuesday, March 28, 2006.

CIRCULATED.

Motion DISTRIBUTED for Conference of February 17, 2006.

Reply to respondents' opposition to motion for supplemental briefing filed by petitioner. (Distributed).

Extension of time within which to file respondent's brief on the merits to and including February 23, 2006.

Order extending time to file response to motion to dismiss for lack of jurisdiction to and including January 31, 2006.

Opposition to petitioner's motion for supplemental briefing filed by respondents.

Motion of petitioner for supplemental briefing DISTRIBUTED for Conference of January 20, 2006.

Motion to Dismiss for Lack of Jurisdiction filed by respondents Donald H. Rumsfeld, Secretary of Defense, et al.

Motion of petitioner for an order directing the parties to submit supplemental briefing filed.

Brief amicus curiae of Ibrahim Ahmed Mahmoud Al Qosi filed. (Enforceability on Habeas/Mandamus)

Brief amicus curiae of Urban Morgan Institute for Human Rights in support of petitioner ( the Charming Betsy canon) filed.

Brief amici curiae of Norman Dorsen, et al. in support of petitioner (Supreme Court Appellate Jurisdiction) filed.

Brief amici curiae of Brennan Center for Justice, and William N. Eskridge Jr. in support of petitioner (Presidential Authority Lacking-UCMJ) filed.

Joint appendix filed. (Joint appendix in two volumes).

Brief of petitioner Salim Ahmed Hamdan filed.

Brief amici curiae of Richard A. Epstein, et al. (Military Commission Authorized By or Inconsistent With UCMJ) filed.

Brief amici curiae of General David Brahms and General James Cullen (Congressional Authorization Lacking) filed.

Brief amici curiae of Retired Generals and Admirals and Milt Bearden (Geneva Conventions - Judicial Deference) filed.

Brief amicus curiae of Yemeni National Organization for Defending Rights and Freedoms filed.

Brief amicus curiae of Binyam Mohamed (Torture) filed.

422 Current and Former Members of United Kingdom and European Union Parliaments filed. (International Law - Need for Adherence)

Brief amici curiae of Law Professors Richard I. Aaron, et al. filed. (Presidential Authority Lacking)

Brief amicus curiae of Office of Chief Defense Counsel, Office of Military Commissions filed. (Abstention Inappropriate)

Brief amici curiae of Legal Scholars and Historians filed. (Effect of Quirin)

Brief amicus curiae of Specialists in Conspiracy and International Law filed. (Conspiracy - Not a Triable Offense)

Brief amicus curiae of Cato Institute filed. (Requirement of Civilian Jury Trial)

Brief amici curiae of National Institute of Military Justice and Bar Association of the District of Columbia filed. (Barbary Wars Precedent)

Brief amici curiae of Lawrence M. Friedman, Jonathan Lurie, and Alfred P. Rubin filed.

Brief amici curiae of Center for National Security Studies, et al. filed. (Effect of Detainee Treatment Act of 2005)

Brief amicus curiae of Louis Fisher filed. (Commissions - History)

Brief amici curiae of Louise Doswald-Beck, et al. filed. (Commissions - Fair Trial Standards)

Brief amici curiae of Law Professors Louis Henkin, et al. filed. (Geneva - Enforceability)

Brief amicus curiae of American Civil Liberties Union filed.

Brief amici curiae of Bar Human Rights Committee of the Bar of England and Wales, et al. filed.

Brief amici curiae of American Jewish Committee, et al. filed. (Commissions: Rights of Presence and Confrontation)

Brief amici curiae of Professors Ryan Goodman, et al. filed. (Geneva - Applicability)

Brief amicus curiae of More than 300 Detainees Incarcerated at U.S. Naval Station, Guantanamo Bay, Cuba, et al. filed. (Whether Detainee Treatment Act of 2005 Divests Court of Jurisdiction)

Brief amici curiae of Association of the Bar of the City of New York, et al. filed. (Geneva - Common Art. 3)

Brief amici curiae of Madeleine K. Albright and 21 Former Senior U.S. Diplomats filed. (Military Commissions - Independence of Judiciary)

Brief amici curiae of Military Historians, Scholars and Practitioners filed. (Military Commissions and Articles of War)

Brief amici curiae of Human Rights First, et al. filed. (Military Commissions - Torture)

Brief amici curiae of Certain Former Federal Judges filed. (Separation of Powers: Enforceable at Guantanamo)

Brief amici curiae of International Human Rights Organizations for Copnstitutional Rights, et al. filed.

Brief amici curiae of Professor Richard D. Rosen, Associate Dean and Director of Center for Military Law and Policy, et al. filed. (Issue of Abstention)

Brief of amicus curiae National Association of Criminal Defense Lawyers filed. (Military Commissions - Structure and Procedures)

Brief amicus curiae of Arthur R. Miller filed. (Abstention and Mandamus).

Brief amicus curiae of David Hicks filed.

Brief amici curiae of International Law Professors in support of petitioner (Commissions - Geographic Requirement) filed.

Brief amici curiae of Historians Jack N. Rakove, et al. in support of petitioner filed.

Consent to the filing of amicus briefs in support of either party received from counsel for the petitioner.

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including January 6, 2006.

Petition GRANTED. The Chief Justice took no part in the consideration or decision of this petition. (orders list)

DISTRIBUTED for Conference of November 4, 2005.

DISTRIBUTED for Conference of October 28, 2005.

DISTRIBUTED for Conference of October 14, 2005.

DISTRIBUTED for Conference of October 7, 2005.

Reply of petitioner Salim Ahmed Hamdan filed. (Distributed)

Brief of respondents Donald H. Rumsfeld, Secretary of Defense, et al in opposition filed. (Distributed)

DISTRIBUTED for Conference of September 26, 2005.

Brief amicus curiae of Association of the Bar of the City of New York filed. (Distributed)

Brief amici curiae of Legal Scholars and Historians filed. (Distributed)

Brief amici curiae of Louise Doswald-Beck, et al. filed. (Distributed)

Brief amici curiae of 304 United Kingdom and European Parliamentarians filed. (Distributed)

Brief amicus curiae of Louis Fisher filed. (Distributed)

Brief amicus curiae of Human Rights First filed. (Distributed)

Brief amicus curiae of Retired Generals and Admirals filed. (Distributed)

Brief amici curiae of Office of Chief Defense Counsel, et al. filed. (Distributed)

Brief amicus curiae of National Institute of Military Justice filed. (Distributed)

Petition for a writ of certiorari filed. (Response due September 7, 2005)

Salim Ahmed Hamdan, Petitioner, represented by Neal Katyal

Donald H. Rumsfeld, Secretary of Defense, et al, Respondent, represented by Paul D. Clement

304 United Kingdom and European Parliamentarians(On Merits) 422 Current and Former Members of United Kingdom and European Union Parliaments, Amicus Curiae, represented by Claude B. Stansbury

American Center for Law and Justice, et al., Amicus Curiae, represented by Jay Alan Sekulow

American Civil Liberties Union, Amicus Curiae, represented by Steven R. Shapiro

American Jewish Committee, et al., Amicus Curiae, represented by Jeffrey L. Fisher

Association of the Bar of the City of New York, et al., Amicus Curiae, represented by James J. Benjamin Jr.

Bar Human Rights Committee of the Bar of England and Wales, et al., Amicus Curiae, represented by Stephen J. Pollack

Binyam Mohamed (Torture), Amicus Curiae, represented by Clive A. Stafford Smith

Brennan Center for Justice, and William N. Eskridge Jr. in support of the petitioner (Presidential Authority Lacking-UCMJ), Amicus Curiae, represented by Sidney S. Rosdeitcher

Cato Institute, Amicus Curiae, represented by Timothy E. Lynch

Center for National Security Studies, et al., Amicus Curiae, represented by Paul R.Q. Wolfson

Certain Former Federal Judges, Amicus Curiae, represented by Paul C. Saunders

Citizens for the Common Defence, Amicus Curiae, represented by Daniel P. Collins

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

David Hicks, Amicus Curiae, represented by Marc A. Goldman

Former Attorneys General of the United States, et al., Amicus Curiae, represented by Andrew G. McBride

Former Federal Judges Shirley M. Hufstedler and Wiliam A. Norris, Amicus Curiae, represented by Peter J. Rubin

General David Brahms and General James Cullen, Amicus Curiae, represented by Andrew J. Pincus

Historians Jack N. Rakove, et al. in support of petitioner, Amicus Curiae, represented by Pamela S. Karlan

Human Rights First, Amicus Curiae, represented by Deborah N. Pearlstein

Human Rights First, et al., Amicus Curiae, represented by Robert P. LoBue

Ibrahim Ahmed Mahmoud Al Qosi (Enforceability on Habeas/Mandamus), Amicus Curiae, represented by Paul S. Reichler

International Human Rights Organizations for Copnstitutional Rights, et al., Amicus Curiae, represented by Barbara J. Olshansky

International Law Professors in support of petitioner (Commissions - Geographic Requirement), Amicus Curiae, represented by Linda A. Malone

Law Professors Richard I. Aaron, et al. (Presidential Authority Lacking), Amicus Curiae, represented by Claudia Callaway

Lawrence M. Friedman, Jonathan Lurie, and Alfred P. Rubin, Amicus Curiae, represented by William F Alderman

Legal Scholars and Historians (Effect of Quirin), Amicus Curiae, represented by Daniel C. Tepstein

Louise Doswald-Beck, et al., Amicus Curiae, represented by Bridget Arimond

Louis Fisher, Amicus Curiae, represented by Jonathan L. Hafetz

Louis Fisher, Amicus Curiae, represented by Lawrence S. Lustberg

Madeleine K. Albright and 21 Former Senior U.S. Diplomats, Amicus Curiae, represented by Harold Hongju Koh

Military Historians, Scholars and Practitioners, Amicus Curiae, represented by Teresa Wynn Roseborough

More than 300 Detainees Incarcerated at U.S. Naval Station, Guantanamo Bay, Cuba, et al., Amicus Curiae, represented by Thomas B. Wilner

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Donald G. Rehkopf Jr.

National Institute of Military Justice and Bar Association of the District of Columbia, Amicus Curiae, represented by Eugene R. Fidell

Norman Dorsen, et al. in support of petitioner (Supreme Court Appellate Jurisdiction), Amicus Curiae, represented by Burt Neuborne

Office of Chief Defense Counsel, Office of Military Commissions (Abstention Inappropriate), Amicus Curiae, represented by Dwight H. Sullivan

Professor Richard D. Rosen, Associate Dean and Director of Center for Military Law and Policy, et al., Amicus Curiae, represented by Steven H. Goldblatt

Professors Goodman, et al., Amicus Curiae, represented by Mark A. Packman

Professors Louis Henkin, et al. (Geneva - Enforceability), Amicus Curiae, represented by Carlos Manuel Vazquez

Retired Generals and Admirals and Milt Bearden (Geneva Conventions - Judicial Deference)also Arthur R. Miller, Amicus Curiae, represented by David H. Remes

Richard A. Epstein, et al. (Military Commission Authorized By or Inconsistent With UCMJ), Amicus Curiae, represented by Aaron M. Panner

Scott L. Fenstermaker, et al., Amicus Curiae, represented by Scott T Fenstermaker

Senators Graham and Kyl, Amicus Curiae, represented by Jeffrey A. Lamken

Specialists in Conspiracy and International Law, Amicus Curiae, represented by George P. Fletcher

Urban Morgan Institute for Human Rights in support of petitioner ( theCharming Betsy canon), Amicus Curiae, represented by Christopher J. Wright

Washington Legal Foundation, et al., Amicus Curiae, represented by Richard A. Samp

Yemeni National Organization for Defending Rights and Freedoms, Amicus Curiae, represented by Lawrence David Rosenberg