Hush Blackwell LLP v. Dep’t of Commerce (D.D.C.) — following supplemental briefing, granting the government’s renewed motion for summary judgment in a case involving access to final proposals to list foreign corporations on BIS’s export-restrictions list; holding, first, that the agency justified its invocation of Exemption 1 by identifying non-conclusory harms to national security that would result from disclosure, including the revelation of “sensitive collection capabilities and targets of foreign intelligence,” the “scope, methods, and strategic priorities of U.S. export control enforcements,” and other “strategic insights” into “national security decision-making processes”; holding, further, that the agency properly invoked Exemption 3, in conjunction with 50 U.S.C. § 4820(h)(1); reiterating the Court’s previously articulated view that, in light of the 2016 FOIA amendments, “segregation is not required for records properly withheld under exemption 3,” but in any event the agency demonstrated it undertook an adequate segregability review here; rejecting also the requester’s construction of the withholding provision at issue in the Export Control Reform Act of 2018.
Robert F. Kennedy Human Rights v. U.S. Dep't. of Homeland Sec. (S.D.N.Y.) — holding that partial government shutdown did not excuse DHS from complying with court-ordered FOIA production schedule; rejecting government's political question doctrine argument as "risible, if not sanctionable"; noting that DOJ's own contingency plan required agencies to continue court-ordered work during shutdowns as "excepted activity" under the Anti-Deficiency Act; and faulting government for unilaterally declaring a stay without seeking court relief.
Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.