The Boeing Company v. United States
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Jan 18, 2011
|May 23, 2011||9-0||Scalia||OT 2010|
Holding: When a court dismisses a contractor's prima facie valid affirmative defense to the government's allegations of breach of contract to protect state secrets, a proper remedy is to leave the parties where they were on the day they filed suit.
Plain English Holding: When litigation would end up disclosing state secrets, courts may not try the claims and may not award relief to either party.
Plain English Summary:
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Scalia on May 23, 2011.
- Saga over a Pentagon contract goes on (Lyle Denniston)
- January's arguments: In Plain English (Lisa McElroy)
- Argument recap: "State secrets" claim on trial (Lyle Denniston)
- Argument preview: A look at "state secrets" (Lyle Denniston)
- A review of "state secrets" (Lyle Denniston)
Briefs and DocumentsMerits Briefs
- Brief for Petitioner Boeing Company
- Brief for Respondent United States of America
- Reply Brief for Petitioner Boeing Company
- Brief for Al-Haramain Islamic Foundation, Inc., Wendell Belew, Asim Ghafoor, and Electronic Frontier Foundation in Support of Neither Party
- Brief for the National Defense Industrial Association in Support of Petitioners
- Brief for the Constitution Project in Support of Petitioners
- Brief for the Chamber of Commerce of the United States of America in Support of Petitioners