US Courts have dealt with many FOIA cases recently, on both state and federal levels. In April the US Supreme Court [official website] ruled unanimously in McBurney v. Young [opinion, PDF; JURIST report] that Virginia has the right to exclude non-residents from accessing state records under its FOIA [text]. The US Court of Appeals for the DC Circuit in March reversed [JURIST report] a lower court ruling which allowed the CIA [official website] to refuse to confirm or deny whether it has records pertaining to the use of unmanned drones to kill suspected terrorists. The case arose from a FOIA claim filed by the American Civil Liberties Union (ACLU) [advocacy website] requesting records on the CIA's drone program regarding the legal justification for using drones and information concerning civilian casualties. In March 2011, the US Supreme Court ruled [JURIST report] 8-1 in Milner v. Department of the Navy [Cornell LII backgrounder] that the government may not withhold certain information under the FOIA. This case originated [JURIST report] when petitioner Glen Scott Milner filed an FOIA request with a US Navy magazine relating to the explosive safety quantity distance (ESQD) of explosives stored in a naval magazine near Milner's home.
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