The Boeing Company v. United States
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 09-1302 | Federal Cir. | 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.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Scalia on May 23, 2011.
SCOTUSblog Coverage
- Saga over a Pentagon contract goes on (Lyle Denniston, May 23, 2011)
- January's arguments: In Plain English (Lisa Tucker, January 23, 2011)
- Argument recap: "State secrets" claim on trial (Lyle Denniston, January 21, 2011)
- Argument preview: A look at "state secrets" (Lyle Denniston, January 14, 2011)
- A review of "state secrets" (Lyle Denniston, September 28, 2010)
Briefs and Documents
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
Certiorari-stage documents
- Opinion below (Federal Circuit)
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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