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U.S. Supreme Court,
Government

Mar. 17, 2022

Supreme Court unanimously bolsters the state-secrets doctrine

Since 9/11, the circumstances in which agencies have wielded this doctrine have become increasingly less exceptional. A recent U.S. Supreme Court case follows this trend.

Elizabeth Pipkin

Managing Partner
McManis Faulkner

Technology, trade secrets, business disputes and civil rights

50 W San Fernando St 10th Fl
San Jose , CA 95113

Phone: (408) 279-8700

Fax: (408) 279-3244

Email: epipkin@mcmanislaw.com

Harvard Univ Law School

See more...

The "state secrets" doctrine permits federal courts to protect information related to national security "in exceptional circumstances" at the behest of government agencies. Since 9/11, the circumstances in which agencies have wielded this doctrine have become increasingly less exceptional. A recent U.S. Supreme Court case, FBI v. Fazaga, 142 S. Ct. 1051 (2022), follows this ...

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