A landmark 1953 U.S. Supreme Court ruling which affirmed the government’s use of the “state secrets” privilege to withhold information is the focus of a new book called “In the Name of National Security” by constitutional scholar Louis Fisher.
The 1953 case, United States v. Reynolds, revolved around a request by three widows for access to an accident report about a military plane crash in which their husbands died in 1948. The government refused to release the requested report.
Confronted by this dispute, Fisher writes, the Supreme Court had at least two valid options. It could have ruled in favor of the widows, granting their claims for damages in full, as lower courts had done. Or it could have subjected the disputed document to in camera review to determine whether withholding was justified on security grounds.
But the Court did neither. Instead, it upheld the government’s denial of the document without bothering to review it, establishing an unfortunate precedent that would resound throughout the coming decades up to the present day.
Fisher traces the fateful Reynolds case from its inception throughout the litigation process to its final resolution. And he considers the ramifications of this frequently cited case for current national security policy.
Richly detailed, the new book combines legal scholarship, critical analysis, and even some “Law and Order”-style suspense.
See “In the Name of National Security: Unchecked Presidential Power and the Reynolds Case” by Louis Fisher, University Press of Kansas, September 2006.
I will introduce Louis Fisher at a September 11 event at the Library of Congress, where he will discuss the book and sign copies. Come on by.
Called today to speak on behalf of U.S. science and technology, Dr. Jedidah Isler, astrophysicist, educator, strategist, policy-maker, and science communicator, will provide constructive, nonpartisan feedback to the House Committee’s hearing “American Global Competitiveness at 250: Legislative Proposals to Secure U.S. Technology Leadership.”
“Federal data and access to it is not a partisan issue. It is a people issue. Our country cannot achieve greatness without access to the data that measure what we value, who we are, and where we’re heading.”
The United States’ biosecurity governance system is structurally incapable of detecting and responding to certain classes of threats. U.S. biosecurity tools have not kept pace with technological advancements or a changing threat landscape.
The United States has never lacked for scientific ambition. What we need now is a renewed civic commitment to ensuring that talent is harnessed for the benefit of all people. Science can work for everyone. Join us as we build a broader coalition committed to that vision.