Appeal filed on Brett Kavanaugh’s anti-FOIA decision
Jefferson Morley
August 24, 2018
The last opinion signed by Brett Kavanaugh before his nomination to the Supreme Court dealt a blow to a key provision of the Freedom of Information Action: compensation for successful litigant.
On July 9, Kavanaugh joined a 2-1 majority decision in Morley v. CIA that held that the government did not have to pay my court costs because the CIA had acted reasonably and there was no benefit to the information obtained.
In a powerful dissent, Judge Karen Henderson rebuked Kavanaugh and Judge Gregory Katsas for ignoring precedent and inventing mandate.
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