Tenet v. Doe

Summary

The Court reversed the Ninth Circuit, holding that Totten v. United States bars suits against the government based on covert espionage agreements, regardless of the legal theory asserted (e.g., due process or estoppel), because adjudication risks revealing the secret relationship. Justice Scalia concurred, characterizing the Totten bar as jurisdictional. Justice Stevens concurred, relying on stare decisis and suggesting Congress might modify the rule.