Liza Goitein and Bob Loeb on State Secrets
The Lawfare Podcast
Is the Supreme Court Deferential?
i would say that even if courts are inclined to defer to the government, as they are on these national security judgments, that doesn't completely answer the questionof whether courts have been too deferential in other ways. i think it's interesting that under the current executive orders and rules in the executive branch invoked the state th secret privilege thatn reynolds case itself, the executive would have had to limit their invocation of the privilege to those very little snippets of of descriptions of some of the technology of the aeroplane. So there is a way for courts to be more involved and to scrutinize these allegations more carefully, even while according a significant deference to the predictive national security judgments of
