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Court Denies EPIC's Rehearing Request, Awards Fees

Posted by Unknown on from the good-thing-I'm-on-the-no-fly-list dept.

OverTheGeicoE writes "The Electronic Privacy Information Center posted a news release about the DC Circuit Court awarding them attorneys fees yesterday. They are to receive $21,482 in attorneys fees for an open government lawsuit against DHS that ultimately released documents about DHS's airport body scanner program. EPIC used these released documents in EPIC v. DHS, another lawsuit that attempts to end the use of airport body scanners. At the end of an e-mailed version of this news release (EPIC Alert 18.18, not yet posted on the Web), EPIC states that 'EPIC requested an en banc review of the court's decision not to suspend, but, on September 12, 2011, the court declined the request.' Is this the end of EPIC v. DHS, or does this simply open the door for an appeal to the Supreme Court?" The complete ruling (PDF) is available.

2 of 30 comments (clear)

  1. No, no doors were opened in this ruling. by Saxophonist · · Score: 2, Informative

    Read the opinion linked from the summary. The basis of the ruling denying the motion for reconsideration was that it was untimely and filed after the deadline for appeal. EPIC had options to delay the ruling in their case pending the outcome of Milner v. Department of the Navy in the Supreme Court, and apparently, the attorneys for EPIC knew about that case. So, the underlying reason that EPIC lost initially was overturned by the Supreme Court, but because EPIC did not appeal within sixty days, they have no further relief. The relevant appellate court would dismiss the appeal as untimely, so it would never get to a petition for certiorari.

    1. Re:No, no doors were opened in this ruling. by OverTheGeicoE · · Score: 4, Informative

      The opinion linked in the summary is not for the case seeking to suspend airport body scanners. The opinion linked here is for a case where EPIC tried to force DHS to release additional documents about body scanners. It does not address the suspension lawsuit at all. All we know about the suspension suit is that, according to information in an e-mail from EPIC, the request for a rehearing was denied.