Decided
Milner v. Department of the Navy
Holding
Maps describing the location of explosives do not qualify for withholding under Exemption 2 of the Freedom of Information Act, which shields from disclosure only records that relate to employee relations and human resources issues.
Plain English Holding
Maps describing the location of explosives do not qualify for withholding under Exemption 2 of the Freedom of Information Act, which shields from disclosure only records that relate to employee relations and human resources issues.
Judgment
Reversed, 8-1, in an opinion by Elena Kagan on Mar 7, 2011. Justice Alito filed a concurring opinion. Justice Breyer filed a dissent.
Merits Briefs
- Brief for Petitioner Glen Scott Milner
- Brief for Respondent Department of the Navy
- Reply Brief for Petitioner Glen Scott Milner
Amicus Briefs
- Brief for Public Citizen, the American Civil Liberties Union, the American Civil Liberties Union of Washington, Citizens for Responsibility and Ethics in Washington, the Electronic Frontier Foundation, the National Security Archive, and OpentheGovernment.org in Support of Petitioner
- Brief for Allied Daily Newspapers of Washington and Society of Environmental Journalists in Support of Petitioner
- Brief for The Reporters Committee for Freedom of the Press, ALM Media, LLC, the American Society of News Editors, the Associated Press, Bloomberg L.P., Cable News Network, Inc., the Citizen Media Law Project, Dow Jones & Company, Inc., the E.W. Scripps Company, the First Amendment Coalition, the First Amendment Project, the National Press Club, the National Press Photographers Association, Newspaper Association of America, the Newspaper Guild – CWA, NPR, Inc., the Radio Television Digital News Association, the Society of Professional Journalists, Tribune Company and the Washington Post in Support of Petitioner
Certiorari-Stage Documents
- Opinion below (9th Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
Related Coverage
Mar 22, 2010Petition for a writ of certiorari filed. (Response due April 26, 2010)
Apr 21, 2010Order extending time to file response to petition to and including May 26, 2010.
May 25, 2010Order further extending time to file response to petition to and including May 28, 2010.
May 28, 2010Brief of respondent Department of the Navy in opposition filed.
Jun 8, 2010DISTRIBUTED for Conference of June 24, 2010.
Jun 28, 2010Petition GRANTED.
Jul 16, 2010The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2010.
Jul 16, 2010The time within which to file respondent's brief on the merits is extended to and including October 8, 2010.
Aug 31, 2010Joint appendix filed. (Statement of costs filed)
Aug 31, 2010Brief of petitioner Glen Scott Milner filed.
Sep 7, 2010SET FOR ARGUMENT ON Wednesday, December 1, 2010.
Sep 7, 2010Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed.
Sep 7, 2010Brief amici curiae of Public Citizen, et al. filed.
Sep 7, 2010Brief amici curiae of Allied Daily Newspapers of Washington, et al. filed.
Sep 14, 2010CIRCULATED.
Sep 22, 2010Record received fro U.S.D.C. for Western District of Washington. ( 1 envelope)
Sep 24, 2010Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Sep 30, 2010The time within which to file respondent's brief on the merits is further extended to and including October 15, 2010.
Oct 15, 2010Brief of respondent Department of the Navy filed. (Distributed)
Nov 15, 2010Reply of petitioner Glen Scott Milner filed. (Distributed)
Dec 1, 2010Argued. For petitioner: David S. Mann, Seattle, Wash. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Dec 9, 2010Letter of the Acting Solicitor General filed. (Distributed)
Mar 7, 2011Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Ginsburg, Alito, and Sotomayor, JJ., joined. Alito, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion.
Apr 8, 2011JUDGMENT ISSUED
Recommended Citation: Milner v. Department of the Navy, SCOTUSblog, https://www.scotusblog.com/cases/milner-v-department-of-the-navy/