Can Spies Sue the CIA?

On January 11, the U.S. Supreme Court will hear a case known as Tenetv. Doe, which revolves around the question of whether individuals whospied for the U.S. in the expectation of certain benefits can sue theCentral Intelligence Agency for breach of contract. An 1875 ruling, in a case known as Totten v. U.S., suggests they cannot.
But a federal appeals court ruled in 2003 that a lawsuitbrought by two defectors from a former East Bloc country couldproceed.
"We should not precipitously close the courthouse doors to colorableclaims of the denial of constitutional rights," according to that2003 decision from the U.S. Court of Appeals for the Ninth Circuit.
The CIA's petition to the Supreme Court in Tenet v. Doe and therespondent's opposition may be found here:
http://www.fas.org/sgp/jud/index.html#totten [from Secrecy News]