FOIA Advisor

FOIA News: D.C. Circuit to hear argument on OLC legal opinions

FOIA News (2025)Allan BlutsteinComment

On April 11, 2025, the U.S. Court of Appeals for the District of Columbia Circuit will hear a FOIA argument in Campaign for Accountability v. DOJ, No. 24-5163 (D.C. Cir.).

The issue on appeal is whether DOJ’s Office of Legal Counsel has an obligation under FOIA’s “reading room” provision, 5 U.S.C. § 552(a)(2), to affirmatively disclose certain legal opinions. The underlying decision authored by now-Justice Ketanji Brown Jackson held that none of the categories of OLC opinions identified by plaintiff plausibly qualified for affirmative disclosure, except for opinions that resolve disputes between federal agencies.

A livestream of three cases on the court’s calendar will begin at 9:30am EDT. The panel will include Judges Srinivasan, Rao, and Pan.