Food Marketing Institute v. Argus Leader Media
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-481 | 8th Cir. | Apr 22, 2019 | Jun 24, 2019 | 6-3 | Gorsuch | OT 2018 |
Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.
Holding: Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Gorsuch on June 24, 2019. Justice Breyer filed and opinion concurring in part and dissenting in part, in which Justices Ginsburg and Sotomayor joined.
SCOTUSblog Coverage
- From 12 to 8: Final countdown at the Supreme Court (SCOTUStalk, June 25, 2019)
- Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information (Mark Fenster, June 24, 2019)
- A "view" from the courtroom: From the T-shirt shop to the high seas (Mark Walsh, June 24, 2019)
- Argument analysis: Justices appear likely to endorse broader reading of FOIA exemption for "confidential" commercial information (Mark Fenster, April 23, 2019)
- Argument preview: Justices to consider meaning of “confidential” in Freedom of Information Act (Mark Fenster, April 15, 2019)
- Eight new grants, Ginsburg recovery from surgery “on track” (Amy Howe, January 11, 2019)
- Petitions of the week (Aurora Barnes, November 29, 2018)
| Date | Proceedings and Orders |
|---|---|
| Aug 07 2018 | Application (18A146) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Gorsuch. |
| Aug 09 2018 | UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the mandate of the United States Court of Appeals for the Eighth Circuit, case No. 17-1346, is hereby recalled and stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Thursday, August 16, 2018, by 4 p.m. The reply, if any, is to be filed by 4 p.m., Tuesday, August 21, 2018. |
| Aug 16 2018 | Response to application from respondent Argus Leader Media, D/B/A Argus Leader filed. |
| Aug 21 2018 | Reply of applicant Food Marketing Institute filed. |
| Aug 29 2018 | Application (18A146) referred to the Court. |
| Aug 29 2018 | Application (18A146) granted by the Court. The application to recall and stay the mandate, presented to Justice Gorsuch and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Eighth Circuit in case No. 17-1346 is recalled and stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Ginsburg, Justice Sotomayor, and Justice Kagan would deny the application. |
| Oct 11 2018 | Petition for a writ of certiorari filed. (Response due November 14, 2018) |
| Oct 25 2018 | Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk. |
| Oct 29 2018 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018. |
| Nov 14 2018 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
| Nov 14 2018 | Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed. |
| Nov 14 2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Nov 14 2018 | Brief amici curiae of National Association of Convenience Stores, et al. filed. |
| Nov 20 2018 | Consent to change of Respondent's counsel of record of Argus Leader Media, d/b/a Argus Leader not accepted for filing. (November 27, 2018 -- Document not of the type that is to be filed electronically) |
| Dec 14 2018 | Brief of respondent Argus Leader Media, d/b/a Argus Leader in opposition filed. |
| Dec 24 2018 | Reply of petitioner Food Marketing Institute filed. |
| Dec 26 2018 | DISTRIBUTED for Conference of 1/11/2019. |
| Jan 11 2019 | Petition GRANTED. |
| Jan 30 2019 | Blanket Consent filed by Respondent, Argus Leader Media, d/b/a Argus Leader. |
| Jan 31 2019 | Blanket Consent filed by Petitioner, Food Marketing Institute. |
| Feb 11 2019 | SET FOR ARGUMENT on Monday, April 22, 2019 |
| Feb 15 2019 | Brief of petitioner Food Marketing Institute filed. |
| Feb 15 2019 | Joint appendix filed (2 vols). |
| Feb 21 2019 | Brief amici curiae of National Association of Convenience Stores, et al. filed. |
| Feb 22 2019 | Brief amicus curiae of United States filed. |
| Feb 22 2019 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
| Feb 22 2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Feb 22 2019 | Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed. |
| Mar 18 2019 | Brief of respondent Argus Leader Media, d/b/a Argus Leader filed. (Distributed) |
| Mar 20 2019 | CIRCULATED |
| Mar 21 2019 | Record requested from the U.S.C.A. 8th Circuit. |
| Mar 22 2019 | Brief amici curiae of Cause of Action Institute, et al. filed. (Distributed) |
| Mar 25 2019 | Brief amicus curiae of New Hampshire Right to Life filed. (Distributed) |
| Mar 25 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 25 2019 | Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of Public Citizen, Center for Science in the Public Interest, Collaboration for Research Integrity filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of Freedom of Information Act and First Amendment Scholars filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of Reporters Committee for Freedom of the Press & 36 Media Organizations filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of Detention Watch Network, Human Rights Defense Center and Prison Policy Initiative filed. (Distributed) |
| Mar 25 2019 | Affidavit of Service of BioScience Advisors, Inc. not accepted for filing. (Corrected version submitted). |
| Mar 25 2019 | Corrected Affidavit of Service filed with respect to amicus curiae brief of BioScience Advisors, Inc. (March29, 2019). |
| Mar 25 2019 | Brief amicus curiae of BioScience Advisors, Inc. filed. (Distributed) |
| Mar 25 2019 | Brief amici curiae of AI Now Institute at New York University, et al. filed. (Distributed) |
| Mar 25 2019 | Brief amicus curiae of American Small Business League filed. (To be Reprinted) (Distributed) |
| Mar 25 2019 | Brief amicus curiae of American Small Business League filed. (April 16, 2019) (Distributed) |
| Mar 27 2019 | Record received from the U.S.D.C. Dist. of South Dakota Southern Division. (1 Box). |
| Apr 01 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 05 2019 | Reply of petitioner Food Marketing Institute filed. (Distributed) |
| Apr 22 2019 | Argued. For petitioner: Evan A. Young, Austin, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondent: Robert M. Loeb, Washington, D. C. |
| Jun 24 2019 | Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, and Kavanaugh, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg and Sotomayor, JJ., joined. |
| Jul 26 2019 | JUDGMENT ISSUED. |
