From the New York Times:
A Supreme Court filing from the Obama administration last month has set off alarm bells on the left.
The filing was a friend-of-the-court brief, and it mostly dealt with an excruciatingly technical question about the attorney-client privilege. But its last five pages were about the state secrets privilege, which was not at issue in the case. That privilege, a favorite tool of the Bush administration, allows the government to shut down lawsuits by invoking national security.
The Obama administration’s brief argued, though no one had asked, that the state secrets privilege was rooted in the Constitution.