Why Are the Courts So Reluctant to Challenge Security Claims?

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Our federal courts should play a more substantial role in restraining unnecessary government secrecy but instead “all too often” accept administration arguments for “unquestioning adherence” to executive judgments and buy into arguments that the courts, themselves, are not competent to question those judgments, the general counsel for the National Security Archive writes in the Administrative Law Review. Yet, Meredith Fuchs notes, judges are willing to override national security claims in other instances. (5/5/06).