Monday, April 26, 2021
SCOTUS Cert Grant on the State Secrets Privilege and Section 1782 Discovery
Today the Supreme Court granted certiorari in United States v. Abu Zubaydah, which presents the following question:
Whether the court of appeals erred when it rejected the United States’ assertion of the state-secrets privilege based on the court’s own assessment of potential harms to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency (CIA) contractors on matters concerning alleged clandestine CIA activities.
You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.
https://lawprofessors.typepad.com/civpro/2021/04/scotus-cert-grant-on-the-state-secrets-privilege-and-section-1782-discovery.html