Center for the Study of Services v. United States Department of Health & Human Services

Concurring opinion filed by Senior Circuit Judge Randolph.

ROGERS, Circuit Judge:

The government appeals the order of the district court, in response to requests pursuant to the Freedom of Information Act by the Center for the Study of Services (“Consumers’ Checkbook”), directing the government to release health insurance plans to be offered “each year” on the federal exchanges under the Affordable Care Act once their terms are effectively final, or “locked down.” The government contends that the order is contrary to the statutory scheme and unwarranted absent a finding the government had been…