The Boeing Company v. United States
Consolidated with General Dynamics Corp. v. United States (09-1298)
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.
Judgment
Vacated and remanded, 9-0, in an opinion by Antonin Scalia on May 23, 2011.
Merits Briefs
- Brief for Petitioner Boeing Company
- Brief for Respondent United States of America
- Reply Brief for Petitioner Boeing Company
Amicus Briefs
- 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
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Recommended Citation: The Boeing Company v. United States, SCOTUSblog, https://www.scotusblog.com/cases/the-boeing-company-v-united-states/