Justice Anthony M. Kennedy wrote separately, in an opinion partly joined by Justices Breyer, Ginsburg and Souter. Kennedy's opinion did not support all of Stevens' discussion of the Geneva Convention, but he did find that the commissions were not authorized by military law or that Convention. Kennedy expressed no view, for example, on whether Hamdan could be charged with conspiracy or whether the accused has a right under the Convention to be present in all commission proceedings.
(snip)
Thomas noted that it was the first time he had announced a dissent from the bench. The recitations continued for 32 minutes, and the Court recessed for the summer at 10:42 a.m.
http://www.scotusblog.com/movabletype/archives/2006/06/decisions_5.htmlHamdan Summary -- And HUGE News
More importantly, the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda. That is the HUGE part of today's ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons "shall in all circumstances be treated humanely," and that "
o this end," certain specified acts "are and shall remain prohibited at any time and in any place whatsoever"—including "cruel treatment and torture," and "outrages upon personal dignity, in particular humiliating and degrading treatment." This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment. See my further discussion here.
http://www.scotusblog.com/movabletype/