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AMERICAN OVERSIGHT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 22-5281.

AMERICAN OVERSIGHT, Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AND OFFICE OF MANAGEMENT AND BUDGET, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 2024.

Attorney(s) appearing for the Case

Jessica Anne Morton argued the cause for appellant. With her on the briefs were Katherine M. Anthony and Mehreen A. Rasheed.

Nikhel S. Sus was on the brief for amicus curiae Citizens for Responsibility and Ethics in Washington in support of appellant.

Bruce D. Brown, Katie Townsend, and Adam A. Marshall were on the brief for amicus curiae The Reporters Committee for Freedom of the Press in support of appellant.

Benjamin M. Shultz , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Mark B. Stern , Attorney.

Opinion concurring in part and dissenting in part filed by WILKINS.

The Freedom of Information Act ("FOIA") requires federal agencies to make their records available to the public, subject to nine exemptions for specific categories of material. Exemption 5 protects "inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation...

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