NATIONAL VETERANS LEGAL SERVICES PROGRAM v. U.S.

2019-1081, 2019-1083.

968 F.3d 1340 (2020)

NATIONAL VETERANS LEGAL SERVICES PROGRAM, National Consumer Law Center, Alliance for Justice, Plaintiffs-Appellants v. UNITED STATES, Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 6, 2020.


Attorney(s) appearing for the Case

Deepak Gupta , Gupta Wessler PLLC, Washington, DC, argued for plaintiffs-appellants. Also represented by Jonathan Taylor ; William H. Narwold , Motley Rice LLC, Hartford, CT; Meghan Oliver , Mt. Pleasant, SC.

Alisa Beth Klein , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-cross-appellant. Also represented by Mark B. Stern , Ethan P. Davis .

Sean Marotta , Hogan Lovells US LLP, Washington, DC, for amici curiae W. Royal Furgeson, Jr., Nancy Gertner, Brian L. Owsley, Viktor V. Pohorelsky, Shira Ann Scheindlin, Stephen W. Smith, Richard A. Posner. Also represented by Stephen Schultze , Claudia Pare .

Phillip R. Malone , Juelsgaard Intellectual Property and Innovation Clinic, Mills Legal Clinic, Stanford Law School, Stanford, CA, for amici curiae Casetext, Docket Alarm, Fastcase, Free Law Project, Internet Archive, Judicata, Mark A. Lemley, Ravel, Syntexys, UniCourt.

Bruce D. Brown , The Reporters Committee for Freedom of the Press, Arlington, VA, for amici curiae The Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, Associated Press Media Editors, Association of Alternative News Media, First Amendment Coalition, First Look Media Works, Inc., International Documentary Association, Investigative Reporting Workshop, MPA, National Press Photographers Association, Online News Association, Radio Television Digital News Association, Reporters Without Borders, Seattle Times Company, Society of Professional Journalists, Tully Center for Free Speech, Bay Area News Group, BuzzFeed, California News Publishers Association, Freedom of the Press Foundation, The Media Institute, The National Press Club, National Press Club Journalism Institute, New York Times Company, PEN America, POLITICO LLC, Reveal from the Center for Investigative Reporting, Sinclair Broadcast Group, Inc.

Elizabeth Wydra , Constitutional Accountability Center, Washington, DC, for amicus curiae Joseph I. Lieberman.

Brett Max Kaufman , Center for Democracy, American Civil Liberties Union Foundation, New York, NY, for amici curiae American Association of Law Libraries, American Civil Liberties Union, American Library Association, Cato Institute, Knight First Amendment Institute at Columbia University.

Before Lourie, Clevenger, and Hughes, Circuit Judges.


These interlocutory cross-appeals challenge the district court's interpretation of a statutory note to 28 U.S.C. § 1913 permitting the federal judiciary to charge "reasonable fees" for "access to information available through automatic data processing equipment." Plaintiffs contend that under this provision unlawfully...

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