In Re United States

Summary

Justice Breyer, joined by Justices Ginsburg, Sotomayor, and Kagan, dissents from the Court’s grant of a stay of the district court’s orders requiring the government to supplement the administrative record pending consideration of the government’s petition for a writ of mandamus. He argues the government has not met the extraordinary burden required for mandamus and that the whole administrative record must include all materials considered by the agency, not only those the agency chooses to submit.