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Should U.S. Citizens Who Are Declared to Be "Enemy Combatants" Be Able to Contest Their Detention before a Judge? Supreme Court Justice Sandra Day O'Connor ruled that the Authorization for Use of Military Force, passed by Congress, does not authorize the indefinite detention of a person found to be an "enemy combatant." Justice Clarence Thomas believes that the detention of an "enemy combatant" is permitted under the federal government's war powers.