United States v. Zubaydah
Below are plain-language sections to help you understand what the Court decided in United States v. Zubaydah and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of United States v. Zubaydah.
In United States v. Zubaydah, the Supreme Court addressed the application of the state secrets privilege in a case involving alleged CIA activities in Poland. The Ninth Circuit had allowed limited discovery, but the Supreme Court reversed this decision, emphasizing national security concerns. The case was remanded for further proceedings consistent with this ruling.
Holding
The single most important “bottom line” of what the Court decided in United States v. Zubaydah.
The Court held that the judgment of the Ninth Circuit is reversed, and the case is remanded.
Constitutional Concepts
These are the Constitution-related themes that appear in United States v. Zubaydah. Click a concept to see other cases that involve the same idea.
-
Why Executive Power is relevant to United States v. Zubaydah
The case involves the assertion of the state secrets privilege by the government, which is a function of executive power.
Syllabus excerpt (verbatim)The Government intervened and asserted the state secrets privilege in opposition to Zubaydah's discovery request.
-
Why Judicial Review is relevant to United States v. Zubaydah
The Court reviewed the application of the state secrets privilege and the lower courts' decisions regarding its scope.
Syllabus excerpt (verbatim)The District Court nevertheless dismissed Zubaydah's discovery application. It concluded that the state secrets privilege applied...
-
Why Procedural Due Process is relevant to United States v. Zubaydah
The case involves the procedural aspect of whether discovery could proceed without disclosing privileged information.
Syllabus excerpt (verbatim)The panel majority concluded that the District Court had erred when it dismissed the case.
Key Quotes
Short excerpts from the syllabus in United States v. Zubaydah that support the summary and concepts above.
The District Court nevertheless dismissed Zubaydah's discovery application.
The panel majority concluded that the District Court had erred when it dismissed the case.
The judgment is reversed, and the case is remanded.



