Supreme Court of the United States · Official docket →
Jack Jordan v. Department of Labor
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5201 · judgment January 16, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
To oppose release under the Freedom of Information Act (“FOIA”) of two emails, an agency asserted FOIA Exemption 4 based on the attorney-client privilege. Regarding one email, the D.C. District Court granted summary judgment for the agency based on misrepresentations the judge knew were false and the judge’s knowing violations of federal law, Supreme Court precedent and the Constitution. Plaintiff moved for relief under Rule 60 of the Federal Rules of Civil Procedure, which the District Court denied. The D.C. Circuit summarily affirmed in one sentence, so the questions presented are:
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Whether, under FOIA, district court review of agency action and circuit court review of a district court decision must comport with the judicial review provision of the Administrative Procedure Act (“APA”), 5 U.S.C. 706.
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Whether a district court’s decision under FOIA may be summarily affirmed by contending that “[t]he merits of the parties’ positions are so clear as to warrant summary action.”
Counsel of record
For petitioner
Jack Revels Tucker Jordan
Jack Jordan
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 19 2020Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
- Sep 30 2020DISTRIBUTED for Conference of 10/16/2020.
- Sep 25 2020Waiver of right of respondent U.S. Department of Labor to respond filed.
- Aug 17 2020Petition for a writ of certiorari filed. (Response due September 28, 2020)