Page:Kerry v. Din.pdf/33

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KERRY v. DIN

Breyer, J., dissenting

tor General did not deny that statement.

In other cases, such concerns may exist. But, when faced with the need to provide public information without compromising security interests, the Government has found ways to do so, for example, by excising sensitive portions of documents requested by the press, members of the public, or other public officials. See, e.g., 5 U. S. C. §552(b)(1). Moreover, agencies and courts have found ways to conduct proceedings in private, through internal review or in camera proceedings, and thereby protect sensitive information. See Webster v. Doe, 486 U. S. 592, 604 (1988); Brief for Respondent 48–52, and n. 20; Brief for American Civil Liberties Union as Amicus Curiae 23–28. Would these (or other) methods prove adequate in other cases where a citizen’s freedom to live in America with her spouse is at issue? Are they even necessary here? The Government has not explained.

I do not deny the importance of national security, the need to keep certain related information private, or the need to respect the determinations of the other branches of Government in such matters. But protecting ordinary citizens from arbitrary government action is fundamental. Thus, the presence of security considerations does not suspend the Constitution. Hamdi, 542 U. S., at 527–537 (plurality opinion). Rather, it requires us to take security needs into account when determining, for example, what "process" is "due." Ibid.

Yet how can we take proper account of security considerations without knowing what they are, without knowing how and why they require modification of traditional due process requirements, and without knowing whether other, less restrictive alternatives are available? How exactly would it harm important security interests to give Ms. Din a better explanation? Is there no way to give Ms. Din such an explanation while also maintaining appropriate secrecy? I believe we need answers to these questions