U.S. Supreme Court
Dec. 19, 2007
Silencing Justice
Forum Column - By Erwin Chemerinsky - There's middle ground between ignoring victims of government injustice and disclosing information that could be damaging to national security.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
The government should not be able to break the law and avoid accountability by claiming that litigation must be dismissed because the suit involves state secrets. But that is exactly what recent appellate court decisions provide. There are many ways of dealing with classified information in court; dismissal of cases is unnecessary and undesirable.
For example,...
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