Supreme Court of the United States · Official docket →
Richard Behar v. Department of Homeland Security
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3253, 20-3256 · judgment July 8, 2022
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Questions presented
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Whether documents obtained and used by a federal agency in the legitimate conduct of its official duties are not “agency records” and thus never subject to disclosure under the Freedom of Information Act if they were provided to the agency with an expectation of confidentiality.
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Whether an appellate court violates the party presentation principle by deciding an appeal primarily on the novel resolution of an issue not presented, briefed, or argued by the parties at any stage of the litigation.
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Whether the balancing of personal privacy interests against the public interest in disclosure required by FOIA Exemption 7(C) permits an agency’s interest in obtaining information, among other factors, to outweigh the public’s interest in understanding the policies and priorities of a presidential administration.
Counsel of record
For petitioner
David A. Schulz
Media Freedom & Information Access Clinic
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Proceedings
- May 01 2023Petition DENIED.
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 07 2023Reply of petitioner Richard Behar filed.
- Mar 24 2023Brief of respondent Department of Homeland Security in opposition filed.
- Feb 13 2023Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2023.
- Feb 10 2023Motion to extend the time to file a response from February 22, 2023 to March 24, 2023, submitted to The Clerk.
- Jan 23 2023Brief amici curiae of Citizens for Responsibility and Ethics in Washington, et al. filed.
- Jan 20 2023Brief amici curiae of Reporters Committee for Freedom of the Press and 21 Media Organizations filed.
- Jan 05 2023Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2023.
- Jan 04 2023Motion to extend the time to file a response from January 23, 2023 to February 22, 2023, submitted to The Clerk.
- Dec 20 2022Petition for a writ of certiorari filed. (Response due January 23, 2023)