Understanding the Exceptional and Dynamic Nature of Boumediene Rights to Court Access

8 Pages Posted: 30 Dec 2012 Last revised: 9 Jan 2013

See all articles by Andrew Kent

Andrew Kent

Fordham University School of Law

Date Written: December 29, 2012

Abstract

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

Suggested Citation

Kent, Andrew, Understanding the Exceptional and Dynamic Nature of Boumediene Rights to Court Access (December 29, 2012). University of Pennsylvania Law Review PENNumbra, Vol. 161, 2012; Fordham Law Legal Studies Research Paper No. 2194726. Available at SSRN: https://ssrn.com/abstract=2194726

Andrew Kent (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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