Editor's Note :

Editor's Note :

The Court expects to issue decisions in argued cases on both Tuesday and Wednesday at 10 a.m. We will begin live-blogging at approximately 9:45 both days. The Court also has confirmed that the audiotape of Wednesday’s hearing in King v. Burwell will not be released on that day, but on Friday, as is usual.
Tuesday's live blog will be available here.
Wednesday's live blog will be available here.

The Boeing Company v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-1302 Federal Cir. Jan 18, 2011
Tr.Aud.
May 23, 2011 9-0 Scalia OT 2010

Holding: When a court dismisses a contractor's prima facie valid affirmative defense to the government's allegations of breach of contract to protect state secrets, a proper remedy is to leave the parties where they were on the day they filed suit.

Plain English Holding: When litigation would end up disclosing state secrets, courts may not try the claims and may not award relief to either party.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Scalia on May 23, 2011.

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