Supreme Court of the United States
Milner v. Department of the Navy — Breyer, J., dissenting
March 7, 2011131 S. Ct. 1259
Summary
Justice Breyer, dissenting, argues that the Court should defer to the 30-year-old D.C. Circuit decision in Crooker v. Bureau of Alcohol, Tobacco & Firearms interpreting Freedom of Information Act Exemption 2. He contends overturning settled law disrupts agency practice and leaves security information without adequate protection. Justice Alito concurred separately to highlight alternative grounds for withholding security documents under Exemption 7.