Babak Siavoshy writes:
As the Washington Post reports, one of the legal obstacles the ACLU may face in its lawsuit challenging NSA surveillance of telephony metadata is the state secrets privilege. In recent years, the government has used the state secrets privilege with increasing frequency to block lawsuits and prevent discovery on national security grounds. According to Professor Donohue, between 2001 and 2009 “the government has invoked the state secrets privilege in more than 100 cases, which is more than five times the number of cases previously considered.”
Read more of his post on Concurring Opinions.