The “State Secrets” Doctrine
Unfortunately, the Obama Administration has embraced many Bush-era policies including the “State Secrets” Doctrine, which it has used to try to block lawsuits that question government action.
- In September 2010, The Ninth Circuit granted the government’s motion to dismiss in a case arising out of the government’s extraordinary rendition program. The plaintiffs in Mohamed v. Jeppesen Dataplan, Inc., represented by the ACLU, announced their intention to file a petition for certiorari with the Supreme Court. Read more about the Jeppesen case.
- The U.S. Supreme Court announced on September 27, 2010 that it will revisit the state secrets privilege for the first time since 1953 in two consolidated cases involving military contractors, General Dynamics Corp. v. United States (09-1298) and Boeing Co. v. United States (09-1302). Read national ACLU Legal Director Steve Shapiro’s overview of the 2010 Supreme Court term which includes a description of this case.