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Judicial Watch, Inc. v. Hillary Rodham Clinton, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5056 · judgment August 31, 2020


Certiorari denied · March 29, 2021
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.

Questions presented

  1. Whether a witness can seek a writ of mandamus and bypass the “disobedience and contempt route to appeal a discovery order” by becoming an intervenor for the sole purpose of objecting to the discovery order.

  2. Whether a post-judgment appeal is insufficient to remedy a deposition order where the court of appeals found no claims of privilege, the apex doctrine, or any of the exceptional issues that have historically triggered mandamus.

  3. Whether a district court’s bad-faith inquiry in Freedom of Information Act (“FOIA”) cases is limited solely to the actions of the FOIA officers who conducted the search.

Counsel of record

For petitioner
Ramona Raula Cotca
Judicial Watch, Inc.

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 29 2021
    Petition DENIED.
  2. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  3. Feb 26 2021
    Waiver of right of respondent Department of State to respond filed.
  4. Feb 25 2021
    Waiver of right of respondent Hillary Rodham Clinton to respond filed.
  5. Jan 26 2021
    Petition for a writ of certiorari filed. (Response due March 3, 2021)