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Sounding Like Gorsuch, Kagan Focuses On Text

Law360, Washington (April 22, 2019, 4:27 PM EDT) -- Justice Elena Kagan showed just how mainstream it has become to interpret statutes based solely on their text when she pressed a newspaper's attorney Monday to explain why the Freedom of Information Act doesn't exempt all confidential business information from public disclosure.

In a line of questioning reminiscent of her self-described "textualist" colleague Justice Neil Gorsuch, Justice Kagan appeared skeptical of adopting an interpretation of FOIA's Exemption Four, covering confidential business information, that she suggested is not based on the words of the statute.

That supposedly "atextual" interpretation says that Exemption Four protects only confidential business information that would likely cause...

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Supreme Court

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2895 Freedom of Information

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October 15, 2018

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