Supreme Court of the United States

Milner v. Department of the Navy — Alito, J., concurring

March 7, 2011131 S. Ct. 1259

Summary

Justice Alito concurred in the Court's opinion holding that Exemption 2 of FOIA does not support the 'High 2' interpretation. He separately emphasized that Exemption 7(F) remains an option for withholding security information compiled for law enforcement purposes such as crime prevention. Justice Breyer, dissenting, argued the Court should have upheld the settled 30-year 'High 2' precedent under stare decisis.