[x]
Welcome to the Stink Eye Discussion Forum!
Join the Discussion! Click Here for Instant Registration.
The Stink Eye Conservative Forum; Politics, News, Republican Election Headquarters
June 17, 2024, 03:11:53 AM *
Welcome, Guest. Please login or register.

Login with username, password and session length
 
   Home   Help Search Login Register  
Pages: [1]   Go Down
  Print  
Author Topic: High Court to Consider State Secrets Doctrine  (Read 1098 times)
0 Members and 1 Guest are viewing this topic.
JohnBrowdie
Administrator
Hero Member
*****
Offline Offline

Posts: 8296


The Stink Eye is Watching You, Barry


« on: January 17, 2011, 08:41:42 PM »

I think what constitutes a state secret should be left to the executive branch.  if you disagree with an administration strongly enough, that is what elections are for. 

but this is a pretty poor example of the government claiming a "state secret", and could very well allow the SCOTUS to invade their authority.

Quote
High Court to Consider State Secrets Doctrine

For the first time in nearly 60 years, the Supreme Court on Tuesday will consider the limits of "state secrets," a legal doctrine the government often cites to quash lawsuits it says could expose information vital to national security.

The doctrine is well known for blocking former detainees from suing over abuses allegedly suffered in America's response to the Sept. 11, 2001 attacks.

But Tuesday's plaintiffs aerospace giants Boeing Co. and General Dynamics Corp., which contend the government violated their constitutional rights by invoking the state secrets privilege to trump their claims in a long-running contract dispute.

Because it lacks the polarizing context of the post-Sept. 11 lawsuits, some say case offers the justices a somewhat uncontroversial way to examine the implications of the doctrine. Over the past 50 years, "the privilege has gone from a relatively obscure doctrine to a centerpiece of the executive branch's litigation strategy," with "pernicious consequences for rule of law," the Constitution Project, a civil-liberties group, argued in a brief backing Boeing and General Dynamics. Tuesday's case presents "an opportunity to rethink the privilege for a new era," the group says.

Repeated administrations have used the doctrine to battle lawsuits on the grounds that certain evidence shouldn't be made public on the grounds it endangers national security.

More
Logged

"Dumb people elect dumb people." -- Natstew
JohnBrowdie
Administrator
Hero Member
*****
Offline Offline

Posts: 8296


The Stink Eye is Watching You, Barry


« Reply #1 on: January 18, 2011, 04:11:39 PM »

 . . . or maybe they will just ignore the whole thing.
Quote
The main point to emerge from the argument is that the court appeared to have little desire to delve into the state secrets issue, and whether the Pentagon was right to declare the companies in default on the $4.8 billion contract.

That is what prompted Scalia's remarks, which he at one point laughingly described as the court's "go-away principle of our jurisprudence."

Scalia suggested that one outcome would be to leave things where they stand now — the disputed money in the companies' pocket.

"We're not going to try to apply the contract because we can't tell who's in the right and who's in the wrong," because of the government's decision not to provide the classified information, he said.

More
Logged

"Dumb people elect dumb people." -- Natstew
jafo2010
Hero Member
*****
Offline Offline

Posts: 7228


« Reply #2 on: January 22, 2011, 12:49:30 PM »

Simply stated, the reach of the judicial branch of government has over stepped its bounds at both the national and state levels.  Time for someone like Thomas Jefferson to have the keeonies to cut them back a bit.  Let's face it, they are a bunch of thieving lawyers left to make decisions that affect everyone in America.  I am sorry, but when a single minded (and generally corrupt) group gains that much control of our society, we no longer have what we cherish most..............FREEDOM.
Logged
GeronL
Hero Member
*****
Offline Offline

Posts: 5898

안녕하세요


« Reply #3 on: January 22, 2011, 12:52:55 PM »

I don't think courts were ever meant to make laws. I don't think courts were ever meant to be able to ignore a law (except maybe the Supreme Court declaring something unconstitutional)
Logged

안녕하십니까
Stan In FL
Hero Member
*****
Offline Offline

Posts: 5898



« Reply #4 on: January 22, 2011, 07:38:17 PM »

jefferson is my least favorite founding father.  he was a francophile, a close ally of murderer aaron burr, and the major antagonist of john adams, who is undoubtedly the most underrated president in history.

in the major philosophical disagreements of that age, put me down as a strong federalist.

Simply stated, the reach of the judicial branch of government has over stepped its bounds at both the national and state levels.  Time for someone like Thomas Jefferson to have the keeonies to cut them back a bit.  Let's face it, they are a bunch of thieving lawyers left to make decisions that affect everyone in America.  I am sorry, but when a single minded (and generally corrupt) group gains that much control of our society, we no longer have what we cherish most..............FREEDOM.
Logged
Pages: [1]   Go Up
  Print  
 
Jump to:  

Contact Us by Email
Powered by MySQL Powered by PHP Powered by SMF 1.1.11 | SMF © 2006-2009, Simple Machines LLC Valid XHTML 1.0! Valid CSS!