United States Department of Justice v. Tax Analysts case brief

United States Department of Justice v. Tax Analysts case brief summary
492 U.S. 136 (1989)

CASE SYNOPSIS

Petitioner United States Department of Justice sought a writ of certiorari from an order from the United States Court of Appeals for the District of Columbia, which reversed the judgment dismissing respondent publisher's suit under the Freedom of Information Act, 5 U.S.C.S. § 552. The court directed the department to provide the publisher with reasonable access to district court decisions received by the department's tax division.

CASE FACTS
Respondent publisher filed a suit seeking to compel petitioner United States Department of Justice to provide it with access to district court decisions received by the department's tax division. The appellate court reversed the district court's judgment dismissing the suit and remanded with instructions to enter an order directing the department to provide reasonable access to district court decisions received by the department's tax division.

DISCUSSION

• On certiorari, the department contended that the district court's decisions were publicly available at their source. 
• The court held that the Freedom of Information Act required the department to make available copies of district court decisions that it received in the course of litigating tax cases on behalf of the federal government. 
• The court found that the department withheld information under its control when it denied an otherwise valid request, and directed the requester to a place outside of the agency where the documents were publicly available. 
• The court concluded that the department improperly withheld agency records for purposes of 5 U.S.C.S. § 552(a)(4)(B).

OUTCOME

The court affirmed the order directing petitioner department of justice to provide respondent publisher reasonable access to district court decisions received by the department's tax division.

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