Supreme Court Report

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Ryan Noah Shapiro v. Department of Justice

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5318 · judgment July 15, 2022


Certiorari denied · December 12, 2022
Pre-decision estimate: 11% cert probability (95% interval 8%–17%)

Before the decision, about 2.8× 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

  1. Must a plaintiff facing a motion for summary judgment provide evidence that the movant has acted in bad faith before obtaining discovery under Rule 56(d), where the sole reason that bad faith is being required is that the case arises under the Freedom of Information Act (FOIA)?

  2. If there is a FOIA-specific requirement that a plaintiff provide evidence of agency bad faith before obtaining discovery under Rule 56(d), does the requirement extend to situations in which the government agency has failed to meet its initial burden of proof under the summary judgment standard?

Counsel of record

For petitioner
Jeffrey Louis Light
Law Office of Jeffrey L. Light

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 12 2022
    Petition DENIED.
  2. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  3. Nov 15 2022
    Waiver of right of respondent United States Department of Justice to respond filed.
  4. Oct 13 2022
    Petition for a writ of certiorari filed. (Response due November 17, 2022)