⚖ Oral Arguments, with Context

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American Oversight v. HHS — D.C. Cir. (Oct 6, 2026)

No. 25-5375 Argued October 6, 2026 Published October 7, 2026

The D.C. Circuit hears American Oversight versus HHS. In 2017, American Oversight requested communications between Congress and two agencies: the Department of Health and Human Services and the Office of Management and Budget. When neither agency responded on time, it sued. Records were later released with portions withheld. Some email chains contained a footer claiming congressional control. The question is whether those emails are agency records subject to the Freedom of Information Act, or congressional records outside it. In an earlier appeal, this court rejected the agencies' use of an exemption for certain internal agency communications. On remand, the district court found that the footers did not establish congressional control. The House Ways and Means Committee appeals that ruling. Brooks Hanner represents the Committee. He will argue that the footers sufficiently express its intent to retain control.

American Oversight v. HHS (No. 25-5375) — U.S. Court of Appeals for the D.C. Circuit, argued October 6, 2026.

Sources
Court-original argument audio — D.C. Circuit:https://media.cadc.uscourts.gov/recordings/docs/2026/10/25-5375.mp3
Argument date and counsel — D.C. Circuit recording index:https://media.cadc.uscourts.gov/recordings/bydate/2026/10
District court opinion — September 24, 2025:https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_17-cv-00827/pdf/USCOURTS-dcd-1_17-cv-00827-1.pdf
Earlier appeal opinion — May 17, 2024 (22-5281):https://media.cadc.uscourts.gov/opinions/docs/2024/05/22-5281-2055001.pdf
Vaughn index — DOJ Guide to the Freedom of Information Act, p. 27:https://www.justice.gov/oip/media/1341081/dl?inline=
Vaughn index — Ninth Circuit opinion, p. 5 n. 1:https://cdn.ca9.uscourts.gov/datastore/opinions/2018/02/01/16-15178.pdf

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