Eight Americans of south Asian and Middle Eastern descent who were repeatedly detained at the border for questioning will be able to learn if they are actually on the government's terrorist watch list, a federal court in Illinois ruled last week, marking the first time that citizens have been able to learn whether they have been added to a sprawling and error-prone list used for screening at borders and traffic stops.

The government invoked the powerful state secrets privilege in the case, arguing that letting the plaintiffs know if they are or aren't on the list would harm national security since that could alert them to the fact they have been under government scrutiny.

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The court's rebuff (.pdf) of the government's use of the state secrets privilege is highly unusual, as courts are rarely willing to challenge the executive branch on mattes of national security. Experts call the state secrets privilege the "nuclear option," and the Bush administration has used it widely to dismiss cases challenging its warrantless wiretapping program and the CIA's use of secret overseas prisons.

Nice to see checks and balances kick in.

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