United States Department of Justice et al. v. Provenzano (469 U.S. 14)
U.S. Supreme Court · decided November 26, 1984 · Supreme Court Database (Spaeth)
- Citation
- 469 U.S. 14 · 105 S. Ct. 413
- Decided
- November 26, 1984
- Term
- October Term 1984
- Vote
- 8–1
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. These two cases, when they were filed here, presented the issue whether Exemption (j)(2) of the Privacy Act of 1974, 5 U. S. C. §552a(j)(2), is a withholding statute within the third exemption of the Freedom of Information Act (FOIA), 5 U. S. C. § 552(b)(3). Because the Courts of Appeals below had decided the issue oppositely, 717 F. 2d 799 (CA3), on rehearing, 722 F. 2d 36 (1983); 721 F. 2d 215 (CA7 1983), and the conflict deserved resolution, we granted certiorari in both cases and consolidated them for oral argument. 466 U. S. 926 (1984). See also Greentree v. U. S. Customs Service, 218 U. S. App. D. C. 231, 674 F. 2d 74 (1982). The parties now advise us that on October 15, 1984, the President signed into law the Central Intelligence Information Act, Pub. L. 98-477, 98 Stat. 2209, which, by its § 2(c), amended the Privacy Act by adding the following provision: “No agency shall rely on any exemption in this section to withhold from an individual any record which is otherwise accessible to such individual under the provisions of section 552 of this title [FOIA].” Thereafter, Anthony Provenzano, the respondent in No. 83-1045, and Alfred B. Shapiro and Gregory J. Wentz, the petitioners in No. 83-5878, moved for summary affirmance and summary reversal, respectively, of their judgments below. In his turn, the Solicitor General has filed a motion to vacate those…
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