Government,
U.S. Supreme Court
Mar. 15, 2022
State secrets rulings favor ignorance over knowledge
In the first week of March, the U.S. Supreme Court issued two decisions which expand the “state secrets privilege” and make it harder to expose government misconduct. The state secrets privilege broadly permits the government to prevent disclosure of information that it believes would harm national security interests.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In the first week of March, the U.S. Supreme Court issued two decisions which expand the "state secrets privilege" and make it harder to expose government misconduct. The state secrets privilege broadly permits the government to prevent disclosure of information that it believes would harm national security interests.
The state secrets privilege was created by the Supreme Court in United States v. Reynolds in 195...
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