Center for the Study of Services v. HHS

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The DC Circuit reversed the district court's order, pursuant to a Freedom of Information Act request, directing the government to release health insurance plans to be offered "each year" on the federal exchanges under the Affordable Care Act once their terms are effectively final, or "locked down." As a preliminary matter, the court held that the government's arguments were neither waived or forfeited. The court held that the district court failed to make a finding that the agency was adhering to a policy or practice that it acknowledged as impermissible nor did the district court find the agency was likely to continue on to impair Consumers' Checkbook's lawful access to the information in the future. Furthermore, the district court did not find that the agency invoked Exemption 4 solely for purposes of delay, effectively flaunting the statutory scheme, much less that its invocation was frivolous on its face. View "Center for the Study of Services v. HHS" on Justia Law