A Kind of Hydraulic Pressure: Extraordinary Rendition, State Secrets, and the Limits of Executive Power

32 Pages Posted: 22 Dec 2013

See all articles by Jeffrey Vagle

Jeffrey Vagle

University of Pennsylvania Law School

Date Written: September 30, 2008

Abstract

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

Suggested Citation

Vagle, Jeffrey, A Kind of Hydraulic Pressure: Extraordinary Rendition, State Secrets, and the Limits of Executive Power (September 30, 2008). Temple International & Comparative Law Journal, Vol. 22, No. 2, 2008. Available at SSRN: https://ssrn.com/abstract=2370573

Jeffrey Vagle (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA PA 19104
United States
215.253.7890 (Phone)

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