States Secrets Blocks Resolution of Contractors' Case

The two recent decisions by the Supreme Court not to intervene in State Secrets cases means we have to seek a legislative solution (State Secrets Block Resolution of Contractors' Suit, Justices Say. New York Times, May 24, 2011: A17).

The States Secrets Protection Act was introduced by a bipartisan coalition into the last two Congresses following the 2007 report by the American Bar Association on the misuse of the States Secrets Privilege.

The bill should be re-introduced and passed in a timely fashion by both Houses of Congress. The bill will allow judicial review of whether or not the States Secrets defense is justified. Instead of having to rely on the word of the Government, there will be appropriate judicial review. Such review is essential when we remember that the initial acceptance of the States Secrets privilege was built on a lie in the original 1953 Reynolds decision.


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