In Knotty State Secrets Case, Justices Ponder Telling Litigants to ‘Go Away’

http://www.nytimes.com/2011/01/19/us/19scotus.html?_r=1&scp=1&sq=in%20Knotty%20State%20Secrets%20Case,%20Justices%20Ponder%20Telling%20Litigants%20to%20'Go%20Away'&st=cse

---------- Forwarded message ----------
From: barry levine
Date: Wed, Jan 19, 2011 at 9:47 AM
Subject: re: In Knotty State Secrets Case, Justices Ponder Telling Litigants to ‘Go Away’
To: letters@nytimes.com


To the Editor:
  Subsequent history has revealed that the State Secrets doctrine was
built on a lie; the court acted in the Reynolds case to protect our
government not from a national security threat, but from
embarrassment.  Now, to protect the flawed precedent of  Reynolds,
justice Scalia proposes to gut both Youngstown and Marbury. If "go
away" were established as doctrine, our Executive would be above the
law both in wartime and in peace.
Barry Levine