SCOTUS FOIA Case – Transcript of Oral Argument Available

Freedom of Information Act cases reach the Supreme Court about once every 15 years. Milner v. Dep't of Navy is an interesting case that pits the Navy's desire for security of its bases against the public's statutory right to disclosure of government documents, bundled up with the post-9/11 desire to ensure local responders (without federal security clearances) have the information they need to respond to natural and man-made disasters. Oral argument was earlier this week. The transcript is here. My earlier posts on this case can be found here. The FOIA exemption at issues is remarkably innocuous: 5 U.S.C. ยง 552(b) of the Freedom of Information Act ("Exemption 2") provides in pertinent part: (b) This section [providing for public access to government documents] does not apply to matters that are: (2) related solely to the internal personnel rules and practices of an agency.

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