General Dynamics v. United States
In brief
The Supreme Court wiped out the ruling it reviewed and sent the case back, directing that the parties stay where they were when suit began if state secrets block an apparently valid defense.
- Where it stands
- Decided
Decided 9-0 · May 23, 2011 · Opinion by Justice Scalia
- 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.
- Who it affects
- The rule applies when a court blocks a government contractor’s apparently valid defense to the government’s contract-breach claim to protect state secrets.
Summary: written with AI from the case record.

What it's about
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.
The state-secrets doctrine protects sensitive government information from disclosure in court.
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?
What the Court decided
Holding
When, to protect state secrets, a court dismisses a Government contractor’s prima facie valid affirmative defense to the Government’s allegations of contractual breach, the proper remedy is to leave the parties where they were on the day they filed suit. Pp. 5– 14. 567 F. 3d 1340, vacated and remanded.
- Result
- Vacated
The vote
What's next
The case returns to the lower court, which must apply the Supreme Court’s rule.
Documents
Opinions
Audio
Docket activity
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Audio Recording added: Oral Arguments - General Dynamics Corp. v. United States
Opinion added: General Dynamics
Opinion added: Opinion
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.