"Use of the state secrets privilege in courts has grown significantly over the last
twenty-five years. In the twenty-three years between the decision in Reynolds [1953]
and the election of Jimmy Carter, in 1976, there were four reported cases in
which the government invoked the privilege. Between 1977 and 2001, there
were a total of fifty-one reported cases in which courts ruled on invocation of
the privilege. Because reported cases only represent a fraction of the total cases
in which the privilege is invoked or implicated, it is unclear precisely how dramatically
the use of the privilege has grown. But the increase in reported cases
is indicative of greater willingness to assert the privilege than in the past."
"Other than the scarce exception, the privilege is invariably fatal to efforts
to gain access to covered documents. It is hardly surprising that such an effective
tool would tempt presidents to use it with increasing frequency and in a
variety of circumstances."
--William G. Weaver and Robert M. Pallitto, "State Secrets and Executive Power" (2005)
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