Understanding the Exceptional and Dynamic Nature of Boumediene Rights to Court Access
8 Pages Posted: 30 Dec 2012 Last revised: 9 Jan 2013
Date Written: December 29, 2012
This short piece replies to Professor Steve Vladeck's comments on my essay 'Do Boumediene Rights Expire?' 161 U. Pa. L. Rev. Pennumbra 20 (2012), available at http://ssrn.com/abstract=2166103
In this reply, I further develop the argument that Boumediene rights to court access may have expired for those Guantanamo detainees determined through habeas litigation to be enemy fighters; and whether these judicially-confirmed enemy fighters have continuing rights court access under Boumediene goes to the federal courts' subject matter jurisdiction, meaning that the Obama administration's concession of continued court access is inoperative and federal courts must sua sponte raise and decide the issue.
Keywords: habeas corpus, access to courts, Boumediene, Guantanamo
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