Partner Elizabeth Pipkin recently authored an article for the Daily Journal on the U.S. Supreme Court decision in FBI v. Fazaga. The Fazaga case centered around the “state secrets” doctrine, which permits federal courts to protect information related to national security in “exceptional circumstances” at the behest of government agencies. The decision permits government agencies to avoid liability for alleged post-9/11 civil rights violations against U.S. persons on U.S. soil.
In her article, Elizabeth reviews the main facts of the case and the origins of the state secrets doctrine, including prior Supreme Court decisions since the doctrine took effect shortly after the Civil War. She says, “It is well-settled law that courts may protect state secrets in extraordinary circumstances,” and the Fagaza decision continues the trend “of judicial deference to the executive branch when the state secrets doctrine is invoked. Because “exceptional circumstances” have not been clearly defined, however, this doctrine could also be used to shield government conduct from public scrutiny.
To read the full article, visit the Daily Journal.