Tenet v. Doe

Summary

The Court reversed, holding that Totten v. United States imposes a categorical bar on suits against the Government based on covert espionage agreements, regardless of whether the claims are pled as contract, due process, or estoppel theories. Public policy forbids litigation that would inevitably lead to disclosure of confidential relationships. Justice Stevens concurred in stare decisis supports dismissal without threshold jurisdictional inquiry, while Justice Scalia concurred to emphasize the bar is jurisdictional.