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No. 09-1298October Term 2009Decided Sep 28, 2010Updated Sep 3, 2026

Docket 09-1298October Term 2009 (2009–2010)

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

Majority

Current stage
Decided
Latest event
Decision released Sep 28, 2010
Case Accepted
Arguments
Decision ReleasedSep 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

Decision record

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

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

Justice Scalia wrote the 9–0 opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, and Kagan.

Majority

John G. Roberts, Jr.
Antonin Scalia
Anthony M. Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen G. Breyer
Samuel A. Alito, Jr.
Sonia Sotomayor
Elena Kagan

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.

Activity

Docket activity2
  • AI analysis generated: Case Briefing

    Sep 3, 2026 | Generated

  • Opinion added: Opinion

    Sep 28, 2010 | Court records

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
Primary materials4
Context reporting5