In 1998 Chief Justice William Rehnquist, in All the Laws but One: Civil Liberties in Wartime suggested that "the least justified of the curtailments of civil liberty" were unlikely to be accepted by the courts in wars of the future.
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In 2004, Justice Antonin Scalia used this phrase to decry the plurality decision in Hamdi v. Rumsfeld which in his view, upheld the detention of a U.S. citizen as an enemy combatant, without charge or suspension of the habeas corpus.
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