The Scotus Blog reports on an Exemption 4 case that has wound its way through the 8th Circuit and may end up being the next FOIA case to be heard by the Supreme Court. The case concerns a request by the Argus Leader to the Department of Agriculture for annual SNAP redemption totals for stores that participate in the SNAP program. The government tried to exempt the information and in a rare FOIA trial attempted to demonstrate that the requested material was protected pursuant to FOIA Exemption 4. The District Court and eventually the 8th Circuit both ruled that the exemption did not apply and that the material should be disclosed. A trade group, which was responsible for the appeal of the case, is now pushing for the Supreme Court review of the decision. Briefing is underway and the Response to the Writ of Certiorari is due on December 14.
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