After a thorough analysis of the state secrets privilege and of standing, she held that the program violated several existing laws and constitutional provisions. She closed the opinion with a quote from Justice Earl Warren in U.S. v. Robel, 389 U.S. 258 (1967):
- Implicit in the term ‘national defense’ is the notion of defending
those values and ideas which set this Nation apart. . . . It would
indeed be ironic if, in the name of national defense, we would
sanction the subversion of . . . those liberties . . . . which makes the
defense of the Nation worthwhile. Id. at 264.