FOIA Advisor

Court opinions issued Mar. 23, 2026

Court Opinions (2026)Ryan MulveyComment

Jigsaw Productions, Inc. v. U.S. Secs. & Exch. Comm’n (D.D.C.) — in a case concerning access to a recording of Elon Musk’s interview with SEC civil investigators, denying the agency’s motion for summary judgment and ordering release in part; rejecting the agency’s invocation of Exemptions 6 and 7(C) for lack of any substantial privacy interest, “much less any foreseeable harm to Musk’s privacy interests that would flow from disclosure”; noting the “contents of the interview have already been publicly released” in transcript form, the SEC has publicized its civil enforcement efforts, and “Musk has publicly discussed the SEC matter on national television.”

Informed Consent Action Network v. Food & Drug Admin. (D.D.C.) — granting in part the government’s motion for an Open America stay; noting, as many recent stay orders, that the FDA has been compelled by a judge in the Northern District of Texas “to produce approximately 9.1 million pages of COVID-19 vaccine records within a highly compressed timeframe,” and this “unprecedently demanding production schedule . . . far exceeds a ‘predictable’ agency workload and thus constitutes ‘exceptional circumstances’ within the meaning of FOIA”; concluding the agency has also “exercised due diligence in respond to the FOIA requests it receives, including the one at issue in this case.”

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.