STEVE INSKEEP, Host:
Here's NPR's legal affairs correspondent Nina Totenberg.
NINA TOTENBERG: At the high court yesterday, however, nobody seemed to dispute the legality of the state secrets privilege. General Dynamics lawyer Paul Smith, speaking afterwards, put the question this way.
PAUL SMITH: What the case is about today is sorting out who bears the burden of the fact that the case couldn't be fully litigated.
TOTENBERG: Inside the courtroom, lawyer Carter Phillips, representing both companies, faced questions from some justices who seemed loath to intervene in the contracting process.
INSKEEP: But arguing the other side of the case, Solicitor General Neal Katyal contended the government should get back the money that it paid upfront for a contract never fulfilled.
SMITH: Nina Totenberg, NPR News, Washington.