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Supreme Court Brief: State Secrets | Originalism & Stare Decisis | Abolish the Court?

October 06, 2021

The US Supreme Court has not heard arguments in state secrets matter in over a decade, but will hear two of them this term. One of the cases, United States vs. Zubaydah, concerns a Guantanamo detainee seeking discovery from two former federal contractors who were involved in his torture in 2002. The case has drawn support from a number of individuals and organizations, including former federal judges. “Courts have the institutional competence and experience to evaluate claims of privilege and to guard against the improper disclosure of sensitive information. They can consider the government’s justification for invoking the privilege in camera and ex parte,” Meaghan VerGow said, a partner at O’Melveny.

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