Supreme Court of the United States · Official docket →
Celestino G. Almeda v. Department of Education, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5087 · judgment August 18, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The questions presented are:
-
Whether publicly-known, purely factual content selected, organized, and recited in an agency’s records can be fully withheld from disclosure under the deliberative process privilege in Exemption 5 of the Freedom of Information Act, 5 U.S.C. § 552(b)(5).
-
Whether the presumption of good faith attached to an agency’s representation that it released all “reasonably segregable portion[s] of a record” otherwise withheld from disclosure under the deliberative process privilege, 5 U.S.C. §§ 552(b) & (b)(5), is rebutted by evidence that would warrant a belief by a reasonable person that segregable portions instead were withheld.
Counsel of record
For petitioner
Seth Alain Watkins
WATKINS LAW & ADVOCACY, PLLC
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 22 2021Petition DENIED.
- Mar 03 2021DISTRIBUTED for Conference of 3/19/2021.
- Feb 23 2021Waiver of right of respondent United States Department of Education, et al. to respond filed.
- Jan 15 2021Petition for a writ of certiorari filed. (Response due February 24, 2021)