Top Tweets for #SCOTUSFOIA
Today, #SCOTUS issued a decision in FMI v. Argus Leader, a case we highlighted in our #SCOTUSFOIA chat back in April that had implications for #FOIA and #Exemption4. In response, @foropengov has issued the following statement. https://t.co/E8Ztb3kvQZ
My brief time with @willbordewyk and @beaubordewyk at @Scotus oral arguments for @argusleader FOIA case today was so worth our 4-hour wait in line. #ScotusFOIA #DemocracyDemandsJournalism #FOIA #JusticeInAction #SCOTUS
Fortunate to sit in as attorneys argued before US Supreme Court this a.m. Intense, fast-paced hour, with all justices except Thomas asking questions. FOIA-specific cases rarely argued before high court. Justices seemed genuinely engaged in this case. https://t.co/3u7CfixIws
Hear from @argusjellis and the @argusleader, who filed the initial #FOIA request and read his take on oral argument today at #SCOTUS! Thank you for the critical work you've all done on this case! #SCOTUSFOIA https://t.co/ErRshzultI
Thanks for joining us this afternoon to talk FMI v. @argusleader! Some #SCOTUSFOIA resources for you all on your commute home: first, check out @hclaire_brown's reporting on the oral arguments today with a quote from our coalition director @Melissa_Wasser. https://t.co/DvAKMvfR2E
We wish they would have talked more about the merits of releasing SNAP expenditures to the public, but #Exemption4 was the main focus. The @argusleader has worked tirelessly to get this information into the hands of the public, where it belongs. #SCOTUSFOIA
Hey @foropengov colleagues: Did the justices seem to pay any attention to the merits of releasing SNAP expenditures? Or was this primarily about #Exemption4 itself? #SCOTUSFOIA
By also getting rid of National Parks test, by giving "confidential" an ordinary meaning could also mean trouble for states whose state exemptions are very similar in language to #Exemption4. This case has many state policy implications beyond the @argusleader. #SCOTUSFOIA
@foropengov Seemed to be some discussion on circuit split re: definition of "substantial competitive harm." Can you clarify the main discrepancies in various interpretations of the test?
Yes, I was shocked by that too. At its core, #FOIA is meant to promote disclosure. While exemptions have their purpose, citizens deserve to know what goes on with their money in their communities. This is exactly what @argusjellis was trying to uncover. #SCOTUSFOIA
@foropengov I was most astounded by the Asst. SG's statement to the Court that: "the government will not release information if an exemption applies." I recall that there's an unrepealed EO from the prior administration that directs otherwise. Doesn't that bind DOJ? #SCOTUSFOIA
With a decision later this summer, #SCOTUS is going to do whatever they want to do, which could include (1) overruling the National Parks test, (2) mandating that USDA release the data to @argusleader, (3) establish an entirely new test, or (4) dismiss the case. #SCOTUSFOIA
Although this is a #FOIA case and we all care about the future of #Exemption4, today, the justices were focused on standing and statutory interpretation principles to settle the question of the meaning of the word "confidential" when interpreting Exemption 4. #SCOTUSFOIA
@foropengov I was most astounded by the Asst. SG's statement to the Court that: "the government will not release information if an exemption applies." I recall that there's an unrepealed EO from the prior administration that directs otherwise. Doesn't that bind DOJ? #SCOTUSFOIA
Justices mentioned the inconsistent application of the National Parks test and asked if that was enough to overrule it. @argusleader argued that no, it still focuses on the same two-prong standard that almost all circuit courts are using and applying. #SCOTUSFOIA
Moving to @argusleader: they argue that the National Parks test is consistent with the understanding of what "confidential" meant when Congress enacted #FOIA. Throughout eight years of litigation, the records they are seeking are routine government spending records. #SCOTUSFOIA
Because the USDA declined to appeal, FMI stepped in as an intervening party. At the beginning of FMI's arguments, the question was posed to FMI: if the government was committed to releasing the information after the 8th Circuit, why would you step in and appeal? #SCOTUSFOIA
A quick note on standing, as it was brought up at today's arguments. The justices questioned the right of FMI to bring this case under the notion of standing. Standing is the ability of a party to bring a lawsuit based on their stake of the outcome in the case. #SCOTUSFOIA
Reading the tea leaves is hard to do when it comes to #SCOTUS, but the justices did understand the importance of #FOIA. This morning, #RBG even stated that "the point of FOIA is to disclose. This seems to run counter to the whole idea of FOIA." #SCOTUSFOIA
FMI argues that the plain language of #Exemption4 shows that the requested data is commercial or financial information. Under a D.C. Circuit case called National Parks, the govt. can only withhold records if releasing them would cause "competitive substantial harm." #SCOTUSFOIA
Federal agencies are required to disclose any information requested under #FOIA unless it falls under one of 9 exemptions which protects different interests. At issue in today's case is #Exemption4 protecting "trade secrets and commercial or financial information." #SCOTUSFOIA
So what happened today? Let's go through a quick breakdown of the arguments on both sides, what the Justices focused on, and where we go from here. Keep asking your questions using #SCOTUSFOIA and we'll pick them up in about ten minutes!
Hey @foropengov colleagues: Did the justices seem to pay any attention to the merits of releasing SNAP expenditures? Or was this primarily about #Exemption4 itself? #SCOTUSFOIA
Last year, @argusleader was successful at the 8th Circuit, and the USDA declined to appeal. However, the Food Marketing Institute stepped in as an intervenor in the case, appealing up to #SCOTUS. You can read the 8th Cir. opinion here: https://t.co/l13vugNyN8 #SCOTUSFOIA
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