By Jessica Gresko
Associated Press
WASHINGTON (AP) — The Supreme Court last week seemed inclined to rule against a South Dakota newspaper seeking data about the government’s food assistance program, previously known as food stamps.
The high court was hearing arguments in a case originally brought by the Argus Leader newspaper, which is owned by USA Today publisher Gannett and is the largest newspaper in South Dakota.
The paper wants to know how much money goes annually to each store that participates in the government’s $65 billion-a-year Supplemental Nutrition Assistance Program.
The Argus Leader says the data is public and shows citizens how the government is spending their tax money.
A supermarket trade association opposing the information’s release argues it is confidential.
At arguments, both conservative and liberal justices suggested skepticism about the Argus Leader’s contention on the meaning of the word “confidential.”
As a result, the newspaper’s best hope of winning may rest on a question about the group that brought the case to the high court, the Food Marketing Institute, a supermarket trade association.
Justice Sonia Sotomayor suggested that the group didn’t have the right to pursue the case.
The issue she raised has to do with the fact that the Argus Leader’s request for information was made to the U.S. government.
Initially, it was the government that blocked the release of information and defended that decision in court.
However, after a court ruled against the government, it said it would not pursue the case further and would instead release the information.
At that point, the Virginia-based Food Marketing Institute stepped in to continue the fight.
Sotomayor indicated that was an issue.
“The government chose not to appeal. It chose ... to turn it over. Why aren’t you bound by that decision?” Sotomayor asked Food Marketing Institute lawyer Evan Young.
The Trump administration is backing the group in arguing against the information’s release.
The Associated Press is among dozens of media organizations that have signed a legal brief supporting the Argus Leader.
If the court gets past the fact that it’s the Food Marketing Institute pursuing the case, it will then have to interpret the federal Freedom of Information Act. The act gives citizens, including reporters, access to federal agencies’
records with certain exceptions.
In the Argus Leader’s case, the government argued that disclosing the data the paper sought was barred by a section of the law that tells officials to withhold “confidential” ‘’commercial or financial information” obtained from third parties. The question for the court is what “confidential” means.
- Posted May 01, 2019
- Tweet This | Share on Facebook
Court skeptical of argument over food stamp data

headlines Macomb
- Macomb County Meals on Wheels in urgent need of volunteers ahead of holiday season
- MDHHS hosting three, free virtual baby showers in November and December for new or expecting families
- MDHHS secures nearly 100 new juvenile justice placements through partnerships with local communities and providers
- MDHHS seeking proposals for student internship stipend program to enhance behavioral health workforce
- ABA webinar November 30 to explore the state of civil legal aid in America
headlines National
- SCOTUSblog founder Tom Goldstein accused of transferring millions in cryptocurrency after tax indictment
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Florida lawyer accused of stalking another attorney, texting rap songs with threatening lyrics
- Wisdom Through Face Paint: Documentary examines Juggalo gang allegations by DOJ
- No. 42 law firm by head count could face sanctions over fake case citations generated by ChatGPT
- Judge apologizes to slain jogger Ahmaud Arbery’s family after tossing charges against district attorney