In Re United States

Summary

Justice Breyer dissents from the Supreme Court’s order granting a stay of the district court’s discovery orders while the Government’s petition for mandamus is considered. He argues that mandamus is an extraordinary remedy that the Government has not met, and that the “whole administrative record” includes all materials considered by the agency, not only those the agency elects to submit. He also contends that the district court acted within its discretion and that the Government’s privilege and burden arguments are unsubstantiated.