The Supreme Court's first opinion of the day is in US v. Zubaydah. Breyer holds that the state secrets privilege applies to Zubaydah's attempt to confirm the existence of a secret CIA detention facility in Poland. But the court is BADLY split.
supremecourt.gov/opinions/21pdf…
supremecourt.gov/opinions/21pdf…
In a pretty extraordinary dissent, Gorsuch, joined by Sotomayor, says the government wants to dismiss this suit to conceal evidence that it "brutally" tortured Zubaydah (which is true).
"We should not let shame obscure our vision."
supremecourt.gov/opinions/21pdf…
"We should not let shame obscure our vision."
supremecourt.gov/opinions/21pdf…
Gorsuch: "There comes a point where we should not be ignorant as judges of what we know to be true as citizens. ... Ending this suit may shield the government from some further modest measure of embarrassment. But respectfully, we should not pretend it will safeguard any secret."
There will be at least one more opinion from the court today (and more tomorrow).
The court's second and final opinion of the day is in Cameron v. EMW. By an 8–1 vote, the court allows Kentucky's attorney general to intervene to defend an abortion restriction. Opinion by Alito; only Sotomayor dissents. supremecourt.gov/opinions/21pdf…
It seems that Breyer did indeed inadvertently reveal the result in Cameron v. EMW during recent oral arguments.
https://twitter.com/steve_vladeck/status/1496553942368632842
There's a disagreement between the majority (all six conservatives) and the concurrence (Kagan and Breyer). The majority invokes a constitutional principle that states must have "a fair opportunity to defend their laws in federal court." Kagan says: No need to address that here.
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