Food Marketing Institute v. Argus Leader Media (18-481)
argument 18-481Food Marketing Institute v. Argus Leader Media
Supreme Court of the United States
1h 1m
6 speakers
8 chapters
transcribed 8 days ago
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Transcript generated automatically by AI and may contain errors.
What is the Supreme Court’s argument about justiciability in Food Marketing Institute v. Argus Leader?
We'll hear argument first this morning in case 18481, the Food Marketing Institute versus Argus Leader Media. Mr.
Young? Mr. Chief Justice, and may it please the Court, before I turn to why the Court should jettison the National Parks definition of confidential and instead restore that word's plain meaning, as used in Exemption 4 of the Freedom of Information Act, let me address justiciability. Respondents' brief expressed doubts about redressability, but redressability and the other two requirements of Article III standing are established here. First, our injury, in fact, is the disclosure of our members' store-level sales information that they keep secret.
Not if the government decides that it doesn't want to give it. We already have a case that says if the government decides voluntarily chooses to disclose, you're stuck. You can't appeal. So here the government chose not to appeal. It chose, by definition, to turn it over. Why aren't you bound by that decision?
We're not bound for it because the intervention that we successfully moved in the made us a proper party. We had an interest that allowed us to intervene.
But the — if you had been a part of the — if you had been the original asker, we have a case that says, Crystal City, that if the government chooses to turn it over, you can't appeal.
And the government did not make that choice. So there are really five
things — No, but they haven't made the choice on this exemption. They've made the choice because of a new law. Isn't the proper course for them to go back to the district court with a motion for reconsideration or for them to petition the court or for you to go to the court or for someone else to go to the court and say they have to turn it over?
No, Your Honor. The government in this case made a number of steps that make clear that our redressability is not only likely but certain. Let me start, because standing at the time
— Well, it's not certain until the district court relieves them of the earlier judgment, telling them that exemption three didn't apply.
Well, that premise, I think, is a mistaken one. And if you look at pages 30 to 31 of the government's brief, for example, they make clear that They are not pressing an Exemption 3 argument here. They are not requiring this Court or even asking this Court to reconsider the Section 2018C argument on which the Eighth Circuit's first
judgment — But that's the basis for their refusal to turn it over now.
Well, no. The basis for their refusal to turn it over now is an Exemption 4 basis, that the information
—
Well,
they can speak for themselves, but I thought —
Agreed. When
they chose not to appeal, they chose — not they chose to follow the order of the court to turn it over.
There are a number of things that differentiate this from a situation like that. For example, instead of voluntarily disclosing it, which would be what they would do if they decided to follow it, They facilitated our intervention by alerting us to the possibility of judicial intervention. They then, when we did intervene, told the district court, they told the federal court, as they've told this court, we will not release that information unless a final judgment in the judicial system requires it. Do you understand
the government to be firmly committed to not releasing the information unless required to?
Yes, that's what I understand. I noticed them on your side of the lectern. And I'll Won't speak for them, but that's what they have represented not only to the district court, but to this court. Now, of course, they remain free to change their mind. And that would be a different situation. But the question for standing at the time when we invoked the appellate jurisdiction of the federal courts was, well, we'd have a likelihood of relief. And the answer is yes. And right now, based on the Solicitor General's brief, that was the thing that my friend on the other side said. invoked in his brief to this Court, that would be a mootness question. And, of course, mootness can be established only if it's impossible that this Court's reversal would give us meaningful relief.
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Chapters
8 chapters
1
What is the Supreme Court’s argument about justiciability in Food Marketing Institute v. Argus Leader?
0:00–9:05
2
How do the parties establish Article III standing and redressability in this case?
9:05–17:25
3
Why is Exemption 4’s “confidential” definition central to the dispute?
17:25–23:25
4
What differences do the parties draw between Exemption 3 and Exemption 4?
23:25–31:34
5
How is “competitive harm” measured under the National Parks test?
31:34–38:31
6
What role do the 2016‑2018 amendments play in the parties’ arguments?
38:31–46:44
7
How does congressional ratification of the two‑prong test affect the Court’s analysis?
46:44–54:54
8
What conclusions do the Justices reach about confidentiality and FOIA’s purpose?
54:54–1:01:44