Supreme Court of the United States · Official docket →
Jorge Alejandro Rojas v. Federal Aviation Administration
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-55036 · judgment March 2, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Exemption 5 of the Freedom of Information Act provides that federal agencies need not release privileged “inter-agency or intra-agency memorandums or letters.” 5 U.S.C. § 552(b)(5). Seven courts of appeals have interpreted the phrase “intra-agency . . . memorandums or letters” to include a “consultant corollary,” shielding from disclosure documents drafted by private, outside parties and sent to federal agencies. One court of appeals has rejected this atextual approach. The question presented is: Whether the Ninth Circuit, in a sharply divided en banc decision, erred by adopting the consultant corollary and holding that “intra-agency memorandums or letters” in FOIA’s Exemption 5 encompasses documents prepared by APTMetrics, a private, outside consultant.
Counsel of record
For petitioner
Naomi Jean Scotten
Orrick, Herrington & Sutcliffe LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Jan 10 2022Petition DENIED.
- Dec 15 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 13 2021Reply of petitioner Jorge Alejandro Rojas filed. (Distributed)
- Nov 29 2021Brief of respondent Federal Aviation Administration in opposition filed.
- Oct 26 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 29, 2021.
- Oct 22 2021Motion to extend the time to file a response from November 1, 2021 to November 29, 2021, submitted to The Clerk.
- Sep 27 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 1, 2021.
- Sep 24 2021Motion to extend the time to file a response from October 1, 2021 to November 1, 2021, submitted to The Clerk.
- Sep 01 2021Brief amicus curiae of Cato Institute filed.
- Aug 16 2021Motion to extend the time to file a response is granted and the time is extended to and including October 1, 2021.
- Aug 13 2021Motion to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
- Jul 29 2021Petition for a writ of certiorari filed. (Response due September 1, 2021)