No. 09-1298October Term 2009Decided Sep 28, 2010Updated Sep 3, 2026
General Dynamics v. United States
General Dynamics Corp. v. United States
When state secrets block a contractor's valid defense, the government cannot continue its contract lawsuit.
Case status
Decided 9-0 · September 28, 2010 · Opinion by Justice Scalia
- Current stage
- Decided
- Latest event
- Decision released Sep 28, 2010
- What it's about
The U.S. government sued defense contractors for breach of contract, but the contractors could not defend themselves without revealing classified information. The Supreme Court ruled that when the state secrets privilege prevents a contractor from raising a valid defense, the courts must dismiss the case and leave the parties where they were.
Question presented
Can the government sue a federal contractor for breach of contract then use the state secrets doctrine to prevent the contractor from raising a defense that would require the contractor to disclose secret information?
- Case path
Decision released Sep 28, 2010
- Area
Business and Regulation
Decision
What the Court decided
When state secrets block a contractor's valid defense, the government cannot continue its contract lawsuit.
Impact
The decision limits lawsuits when classified information is essential to deciding the dispute. For example, a defense contractor cannot be forced to defend a contract claim if doing so would expose protected secrets.
Not official Court text.
Vote
- Vote split
- 9-0
- Majority author
- Antonin Scalia
Majority
- John G. Roberts, Jr.
- Antonin Scalia(author)
- Anthony M. Kennedy
- Clarence Thomas
- Ruth Bader Ginsburg
- Stephen G. Breyer
- Samuel A. Alito, Jr.
- Sonia Sotomayor
- Elena Kagan
Opinion documents
Briefing
What it's about
The government sued defense contractors for breach of contract, but the contractors said they could not defend themselves without classified information. The Court said the case must be dismissed when the state-secrets doctrine prevents a contractor from raising a valid defense.
Vote
Impact
The decision limits lawsuits when classified information is essential to deciding the dispute. For example, a defense contractor cannot be forced to defend a contract claim if doing so would expose protected secrets.
What's next
The Court has finished this docket action. The case must be dismissed, leaving the government and contractors where they were.
What did the Supreme Court rule in General Dynamics Corp. v. United States?
The Court said the case must be dismissed because classified information prevented the contractors from presenting a valid defense.
Who is affected by the General Dynamics decision?
The decision affects the government and contractors in disputes involving classified work. It can prevent either side from litigating when secrets are central to the case.
What happens next after General Dynamics Corp. v. United States?
The Court has completed its action. The contract dispute is dismissed, leaving the parties in their prior positions.
Timing
Decided September 28, 2010
The Court released its decision on September 28, 2010 without hearing oral argument.
Documents
Activity
Docket activity2
AI analysis generated: Case Briefing
Sep 3, 2026 | Generated
Opinion added: Opinion
Sep 28, 2010 | Court records
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Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology