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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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Amicus Brief in General Dynamics v. United States and Boeing v. United States (U.S. Supreme Court, Merits Stage)
Case involves defense contractors' challenge to Government's assertion of state secrets privilege to block their defense in a government contracting dispute. TCP' s amicus brief supports contractors' challenge and urges the Court to take this opportunity to revisit and reform the state secrets doctrine. The brief urges the Court to hold "that the courts must actually examine the evidence at issue in camera before ruling on a privilege claim," and to "make clear that the privilege does not give license to dismiss entire cases, claims, or defenses at the outset of litigation."
Amicus Brief in General Dynamics v. United States and Boeing v. United States (U.S. Supreme Court, Merits Stage)
Case involves defense contractors' challenge to Government's assertion of state secrets privilege to block their defense in a government contracting dispute. TCP' s amicus brief supports contractors' challenge and urges the Court to take this opportunity to revisit and reform the state secrets doctrine. The brief urges the Court to hold "that the courts must actually examine the evidence at issue in camera before ruling on a privilege claim," and to "make clear that the privilege does not give license to dismiss entire cases, claims, or defenses at the outset of litigation."
Amicus brief in El-Masri v. United States (U.S. Supreme Court, Cert. stage)
El-Masri, a German citizen, alleged that he was held and tortured by U.S. agents under extraordinary rendition program. The U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of suit at the pleadings stage under the state secrets privilege. TCP's amicus brief urged the Court to hear the case and clarify that the state secrets privilege is an evidentiary privilege and not an immunity doctrine.
Amicus brief in El-Masri v. United States (U.S. Supreme Court, Cert. stage)
El-Masri, a German citizen, alleged that he was held and tortured by U.S. agents under extraordinary rendition program. The U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of suit at the pleadings stage under the state secrets privilege. TCP's amicus brief urged the Court to hear the case and clarify that the state secrets privilege is an evidentiary privilege and not an immunity doctrine.
Amicus Brief in National Institute of Military Justice v. Department of Defense (D.C. Circuit)
The National Institute of Military Justice filed a FOIA request seeking documents concerning development of the order establishing military commissions in November 2001. TCP's amicus brief argued that the court should compel the disclosure of these documents in order to increase government transparency surrounding a legal regime that affects fundamental life and liberty interests.
Amicus Brief in National Institute of Military Justice v. Department of Defense (D.C. Circuit)
The National Institute of Military Justice filed a FOIA request seeking documents concerning development of the order establishing military commissions in November 2001. TCP's amicus brief argued that the court should compel the disclosure of these documents in order to increase government transparency surrounding a legal regime that affects fundamental life and liberty interests.
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