FOIA Advisor

Court opinions issued June 12, 2026

Court Opinions (2026)Allan BlutsteinComment

Stevens v. DOJ (7th Cir.) (nonprecedential) -- affirming summary judgment for ICE and holding that challenges to the agency's search terms and the presumption of good faith were forfeited because they were raised for the first time on appeal; further, rejecting appellant’s argument that FOIA requires agencies to search the same locations in response to similar requests; and concluding that the requester failed to rebut the presumption that the agency's search declarations were submitted in good faith.

Schiff v. IRS (D.D.C.) -- granting in part and denying in part IRS's motion for reconsideration; reaffirming that the agency forfeited its argument that the request was unreasonably burdensome and that the request reasonably described the records sought; further, rejecting the IRS's attempt to supplement the record with additional declarations, concluding that the agency was not entitled to a "second bite at the apple" after failing to carry its burden at summary judgment; and modifying the remedy only to clarify that the IRS need produce only non-exempt records responsive to the request, leaving the case open for further proceedings

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