Home -> Law Blog Directory -> Ethics Blogs -> Dispatches from the Culture Wars
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Ethics
: Dispatches from the Culture WarsAppeals Court Rejects State Secrets Privilege
By Ed Brayton
In a very important ruling, the 9th Circuit Court of Appeals has rejected the invocation of the state secrets privilege (SSP) by both the Bush and Obama administrations. Both administrations argued that once the state secrets privilege is invoked, the court has to dismiss the case without ever looking at the evidence or hearing legal arguments. A three judge panel rejected that argument, saying that they can only invoke that privilege to prevent the use of specific pieces of evidence in the case.
The crux of the case is whether the SSP is an evidentiary privilege, meaning it applies only to particular items in evidence in a case, or whether it requires that the entire case be dismissed. There are two key cases here, Totten, where a case was dismissed because it involved a secret agreement between the government and a contractor, and Reynolds, where the court only ruled out some specific evidence because it would involve revealing state secrets.
Read the rest of this post... | Read the comments on this post...Full post as published by Dispatches from the Culture Wars on April 29, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Personal Injury
Appeals Court Upholds Congressional Legislation
Trade Secrets
Razorsight agreed to pay $4.5 million settlement in infringement lawsuit.
Newspaper Publisher
Star Tribune must pay St. Paul Pioneer Press a $3.8 million trade secrets act violations settlement.
Ebay Fined
French Court Sets Fine at $61 Million
Tomato Salmonella
Sheetz Convenience Stores agrees to confidential out-of-court settlement with food poisoning victim.
National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.

Ninth Circuit Ct. of Appeals strikes blow on State Secrets privilege
Judiciary Hearing on Reform of the State Secrets Privilege
Appeals Court Rejects ‘State Secrets’ Claim, Revives Detainee Torture Suit
New Book Exposes History Behind Supreme Court's First State Secrets Case
Prudence on State Secrets Privilege:
Federal Court Permits Landmark ACLU Rendition Case To Go Forward








