FAS

Judging Secrets: The Role of the Courts

04.25.06 | 1 min read | Text by Steven Aftergood

Federal courts could, and should, play a more effective role in curtailing unnecessary government secrecy, argues Meredith Fuchs, general counsel at the National Security Archive, in a splendid new law review article.

“All too often, courts easily accept the argument that the executive needs unquestioning adherence to its judgments and that the court is not competent to assess those judgments in the realm of national security.”

“Yet judges have stemmed executive overreaching in other contexts involving national security claims. Judges have discretionary tools — such as the Vaughn Index, in camera review, and special master — available to help them do the same in the secrecy context,” she wrote.

Her article provides an updated introduction to the secrecy system, a critique of secrecy policy, and a survey of recent judicial actions.

See “Judging Secrets: The Role Courts Should Play in Preventing Unnecessary Secrecy” by Meredith Fuchs, Administrative Law Review, Winter 2006.

publications
See all publications
Emerging Technology
day one project
Policy Memo
Kickstarting Collaborative, AI-Ready Datasets in the Life Sciences with Government-funded Projects

The research community lacks strategies to incentivize collaboration on high-quality data acquisition and sharing. The government should fund collaborative roadmapping, certification, collection, and sharing of large, high-quality datasets in life science.

01.02.25 | 6 min read
read more
Education & Workforce
day one project
Policy Memo
Launch the Next Nuclear Corps for a More Flexible Nuclear Regulatory Commission

The potential of new nuclear power plants to meet energy demand, increase energy security, and revitalize local economies depends on new regulatory and operational approaches at the NRC.

01.02.25 | 6 min read
read more
Emerging Technology
day one project
Policy Memo
Ready for the Next Threat: Creating a Commercial Public Health Emergency Payment System

In anticipation of future known and unknown health security threats, including new pandemics, biothreats, and climate-related health emergencies, our answers need to be much faster, cheaper, and less disruptive to other operations.

12.23.24 | 5 min read
read more
Emerging Technology
day one project
Policy Memo
From Strategy to Impact: Establishing an AI Corps to Accelerate HHS Transformation

To unlock the full potential of artificial intelligence within the Department of Health and Human Services, an AI Corps should be established, embedding specialized AI experts within each of the department’s 10 agencies.

12.23.24 | 10 min read
read more