Washington Legal Foundation v. United States Sentencing Commission

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Supreme Court has stated approvingly that “the courts of this country recognize a general right to inspect and copy public records and documents.” Nixon v. Warner Comm., Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 1311-12, 55 L.Ed.2d 570 (1978). At least as it applies to the federal government, however, the reach of this common law right is far from clear. This case poses the question whether certain documents compiled or created by an advisory committee established by the United States Sentencing Commission are…