Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A federal judge has found that the government need not immediately disclose the underlying source of statistics the solicitor general cites in briefs before the Supreme Court. Late last month, Judge Paul Friedman of the U.S. District Court for the District of Columbia denied a motion for preliminary injunction filed by Syracuse University’s Transactional Records Access Clearinghouse in a Freedom of Information Act suit stemming from a Justice Department filing in the case of Lopez v. Gonzales. In that case, which challenges Immigration and Customs Enforcement’s use of an aggravated-felony law to deport a permanent resident convicted of drug possession, government lawyers submitted a legal brief claiming that “77,000 aliens with criminal records were ordered removed in 2005, and that 9.5 percent of those aliens had arrests for drug possession offenses.” TRAC, a nonprofit that analyzes and publishes federal-prosecution data, filed suit in April asking the Department of Homeland Security to immediately disclose the source of those statistics after the Supreme Court agreed to hear the Lopez case in the fall. But Friedman found that although the high court had agreed to take the case, there was not an “exceptional need or urgency” for DHS to immediately make data on the subject available to the public. Covington & Burling’s Roger Ford, who represents TRAC pro bono, says the decision means TRAC will now have to wait as long as 18 months for the FOIA request to be processed.
Jason McLure can be contacted at [email protected].

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.