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Jobe v. National Transportation Safety Board

Petition for certiorari denied on January 10, 2022
Docket No. Op. Below Argument Opinion Vote Author Term
21-469 5th Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether Exemption 5 of the Freedom of Information Act — which provides that federal agencies need not release privileged “inter-agency or intra-agency memorandums or letters” — includes an unwritten “consultant corollary,” under which documents prepared by private, outside consultants are deemed “intra-agency memorandums or letters”; and (2) whether any “consultant corollary” in FOIA Exemption 5 could ever render “intra-agency” the communications between an agency and (1) employees of a private, regulated company with an economic interest in the agency’s actions; or (2) the representative of a foreign government.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 24 2021Petition for a writ of certiorari filed. (Response due October 28, 2021)
Oct 07 2021Motion to extend the time to file a response from October 28, 2021 to November 29, 2021, submitted to The Clerk.
Oct 08 2021Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2021.
Oct 28 2021Brief amicus curiae of the Cato Institute filed.
Nov 29 2021Brief of respondent National Transportation Safety Board in opposition filed.
Dec 13 2021Reply of petitioner Tony B. Jobe, Esquire filed. (Distributed)
Dec 15 2021DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022Petition DENIED.