Milner v. Department of the Navy (2010)
- Docket
- 09-1163
- Decided
- 2010-01-01
Summary
Question: Did the Ninth Circuit err by exempting documents relating to the effects of explosions from disclosure under the FOIA because they are "predominantly" for internal use and present a risk of circumventing agency regulation? Conclusion: Yes. The Supreme Court reversed the lower court decision in an 8-1 opinion by Justice Elena Kagan. The majority opinion held that "because Exemption 2 encompasses only records relating to employee relations and human resources issues, the explosives maps and data requested here do not qualify for withholding under that exemption." Justice Samuel Alito filed a concurring opinion, in which he agreed with the judgment but noted: "I write separately to underscore the alternative argument that the Navy raised below, which rested on Exemption 7(F) and which will remain open on remand. " Justice Stephen Breyer dissented, backing the decision of the appeals court and writing that in this case, "I would let sleeping legal dogs lie."