Terror suspects who claim they were tortured abroad at the hands of the U.S. government lost their latest attempt Wednesday to sue the private American company they say was involved in their abduction as part of an “extraordinary rendition” program under the Bush administration.

The 9th U.S. Circuit Court of Appeals in a 6-5 opinion that delves into the scope and application of the state secrets doctrine issued an en banc opinion finding that such litigation could reveal state secrets and tossed the case.