BUREAU OF ECONOMIC ANALYSIS, UNITED STATES DEPARTMENT OF COMMERCE v. LONG Et Al.
Headline: Government agency denied a stay and must turn over tax audit standards under the Freedom of Information Act after a court found unreasonable delay in updating its answer, allowing disclosure to requesters.
Holding: A Circuit Justice denied the agency's stay request, concluding the Commerce Department bureau unreasonably delayed amending its answer, so the district court's order to disclose the requested tax-audit information will proceed.
- Allows immediate release of the requested tax audit standards.
- Shows agencies can lose on procedural delays if they don't update pleadings.
- Limits government's ability to pause disclosure through informal letters.
Summary
Background
Respondents sued to get information about tax audit standards under the Freedom of Information Act. They had earlier sued the Internal Revenue Service and won in the Court of Appeals, which led to related proceedings. While that other appeal was pending, respondents sued the Bureau of Economic Analysis, a Commerce Department office, for similar records. The Bureau did not amend its answer after the related appellate decision. The district court granted summary judgment to the requesters and ordered disclosure, finding the Bureau had unreasonably delayed defending the case. The Ninth Circuit declined to stay that order.
Reasoning
Acting as Circuit Justice, Justice Rehnquist reviewed the Bureau's emergency request to block disclosure while appeals continue. He emphasized that when the Government sues or is sued, it must follow ordinary litigation rules. The Justice concluded the Bureau's lone letter to the court did not substitute for formally amending its answer and that the delay of more than a year and a half was unreasonable. For those reasons, he vacated his earlier temporary stay and denied the Bureau's application to continue blocking release.
Real world impact
As a result, the district court's order to disclose tax-audit standards will proceed unless another court stops it. The decision underscores that federal agencies risk losing on procedural grounds if they do not timely update their pleadings. Justice Rehnquist did not decide the broader merits of the underlying Freedom of Information claims, only the stay request. The ruling makes disclosure immediate for the records at issue.
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