Kyndra Rotunda - Comments On The Supreme Court's Boumedienne Ruling

Comments On The Supreme Court's Boumedienne Ruling

In June 2008 the Supreme Court overturned portions of the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006. Rotunda authored an op-ed in the Chicago Tribune entitled "Supreme Court Ruling Puts Soldiers at Great Risk", which criticized aspects of the Supreme Court's ruling. In the years since the ruling Rotunda has appeared on numerous academic panels and has published several academic articles discussing, and analyzing, the Boumediene decision, and other decisions related to Guantanamo Bay.

In the National Review, Peter Pham stated that Rotunda had more years of military service than all the nine Supreme Court Justices put together. According to Pham, Rotunda's position was that:

"... military commanders must justify battlefield captures and prove to a U.S. judge that decisions they made on the ground—in a faraway land during a battle—were justified ... puts American troops at risk and will lead to more U.S. deaths on the battlefield because it makes it more difficult for soldiers to detain the enemy."

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