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

This short piece replies to Professor Steve Vladeck\u27s comments on my essay \u27Do Boumediene Rights Expire?\u27 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\u27 subject matter jurisdiction, meaning that the Obama administration\u27s concession of continued court access is inoperative and federal courts must sua sponte raise and decide the issue