Supreme Court Just Dealt A Devastating Blow

The U.S. Supreme Court has deliv­ered a heavy blow to a major left-wing  group.

In the 7–2 rul­ing, the jus­tices sided with the U.S. Fish and Wildlife Ser­vice, thwart­ing the Sier­ra Club’s bid to obtain doc­u­ments con­cern­ing a reg­u­la­tion final­ized in 2014 relat­ing to pow­er plants.

“The Free­dom of Infor­ma­tion Act (FOIA) requires that fed­er­al agen­cies make records avail­able to the pub­lic upon request unless those records fall with­in one of nine exemp­tions. Exemp­tion 5 incor­po­rates the priv­i­leges avail­able to Gov­ern­ment agen­cies in civ­il lit­i­ga­tion, such as the delib­er­a­tive process priv­i­lege, attor­ney-client priv­i­lege, and attor­ney work-prod­uct priv­i­lege,” Supreme Court Jus­tice Amy Coney Bar­rett wrote.

“This case con­cerns the delib­er­a­tive process priv­i­lege, which pro­tects from dis­clo­sure doc­u­ments gen­er­at­ed dur­ing an agency’s delib­er­a­tions about a pol­i­cy, as opposed to doc­u­ments that embody or explain a pol­i­cy that the agency adopts,” she continued.


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