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Law

Reconciling State Secrets Privilege with Due Process in Whistleblower Suits

Quick fact

In the landmark case United States v. Reynolds (1953), the Supreme Court established that the state secrets privilege must be asserted by the government and, if valid, can lead to dismissal of the entire lawsuit; however, in 2011, the Supreme Court limited its use in a whistleblower case, holding that a court should not unconditionally defer to the government's assertion before considering the evidence. (citation: General Dynamics v. United States)

Why this is interesting

Imagine suing the government for retaliation, only to have it block the very evidence that proves your case—in the name of national security. Can a fair trial survive when the most crucial facts are kept secret?

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Reconciling State Secrets Privilege with Due Process in Whistleblower Suits

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