A Kind of Hydraulic Pressure: Extraordinary Rendition, State Secrets, and the Limits of Executive Power
32 Pages Posted: 22 Dec 2013
Date Written: September 30, 2008
The state secrets doctrine, based in large part upon the U.S. Supreme Court's reasoning in U.S. v. Reynolds, is often incorrectly seen by the courts as a bar to the justiciability of cases involving state secrets. However, this common misinterpretation of the state secrets doctrine is an inappropriate conflation with the legally distinct Totten Doctrine. As a result, we see unnecessarily broad remedies afforded the U.S. government by the courts in what are often misguided attempts to rectify the legitimate and difficult problem of state secrecy.
Keywords: State Secrets Doctrine, Extraordinary Rendition, Executive Power
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