Supreme Court of the United States · Official docket →

Electronic Privacy Information Center v. Department of Commerce, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5031 · judgment June 28, 2019

Certiorari denied · April 27, 2020

Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

Does a plaintiff suffer an Article III injury in fact “when the plaintiff fails to obtain information which must be publicly disclosed pursuant to a statute,” as this Court held in Federal Election Commission v. Akins, 524 U.S. 11, 21 (1998)?
Whether this Court should vacate the court of appeals’ judgment pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950)?

Counsel of record

For petitioner
Marc Rotenberg
Electronic Privacy Information Center

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Apr 27 2020
Petition DENIED.
Apr 08 2020
DISTRIBUTED for Conference of 4/24/2020.
Apr 08 2020
Reply of petitioner Electronic Privacy Information Center filed. (Distributed)
Mar 19 2020
Brief of respondents Department of Commerce, et al. in opposition filed.
Feb 13 2020
Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2020.
Feb 12 2020
Motion to extend the time to file a response from February 18, 2020 to March 19, 2020, submitted to The Clerk.
Jan 13 2020
Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2020.
Jan 10 2020
Motion to extend the time to file a response from January 17, 2020 to February 18, 2020, submitted to The Clerk.
Dec 16 2019
Petition for a writ of certiorari filed. (Response due January 17, 2020)