Legal Opinion

Margaret Carter and Susan Castillo v. United States Department of Commerce, Washington, D.C. 20230

Court of Appeals for the Ninth Circuit

Decided October 8, 2002No. 02-35161PublishedCited by 50 opinions

1Opinion of the Court

OPINION

GOODWIN, Circuit Judge.

The Department of Commerce (“DOC”) appeals the district court’s grant of summary judgment ordering it to disclose statistically adjusted data generated as part of Census 2000 in response to plaintiffs’ Freedom of Information Act (“FOIA”) request. DOC challenges the district court’s finding that the adjusted data are neither predecisional nor deliberative as required to permit nondisclosure under the “deliberative process” privilege in Exemption 5 to FOIA. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

It is generally accepted that the decennial census 1 results in…

2Cases cited12 opinions

  1. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  2. Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
  3. Department of the Interior v. Klamath Water Users Protective Ass'nSupreme Court of the United States · 2001
  4. Petroleum Information Corporation v. United States Department of the InteriorCourt of Appeals for the D.C. Circuit · 1992
  5. Renegotiation Board v. Grumman Aircraft Engineering Corp.Supreme Court of the United States · 1975

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3Cited by50 opinions

  1. Lahr v. National Transportation Safety BoardCourt of Appeals for the Ninth Circuit · 2009
  2. Thomas v. CateDistrict Court, E.D. California · 2010
  3. National Resources Defense Council v. United States Department of DefenseDistrict Court, C.D. California · 2005
  4. Sierra Club, Inc. v. U.S. Fish and Wildlife Serv.Court of Appeals for the Ninth Circuit · 2019
  5. Hongsermeier v. CommissionerCourt of Appeals for the Ninth Circuit · 2010

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