11th Circ. Says Judicial Nominating Panel Not Subject To FOIA

Law360 (May 21, 2020, 10:14 PM EDT) -- The Eleventh Circuit on Thursday upheld a Florida federal court's decision to dismiss a Freedom of Information Act lawsuit against a state judicial nominating commission, affirming the lower court's determination that the commission was not a federal agency.

A three-judge panel concluded that the Florida Federal Judicial Nominating Commission was not subject to FOIA, rejecting the argument that a government watchdog group claimed the commission was created at the "behest of the president" by Florida Sens. Bill Nelson and Marco Rubio.

"Any federal supervision over the commission began and ended with Florida's United States senators. The commission was created by the...

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