Latest Filing in Marijuana Rescheduling FOIA Case
A few nibbles of new information
Many see the value of litigation based solely on the chances of winning or losing. This is wrong. Court cases are presumptively public, and litigation forces parties to make arguments and disclose information. So, win or lose, litigation can often expose information.
The production last week of the redacted rumored Schedule III HHS recommendation and enclosures is a direct consequence of the Zorn v. HHS litigation. The redacted recommendation doesn’t contain anything groundbreaking. But, as discussed, it says a few things of consequence, and as a whole, adds more credence to the Schedule III rumor.1
The most recent filing in the case, below the paywall, doesn’t say too much more. But it too says a few new things. Starting on page 283 of the filing packet, HHS offers an explanation for why its disclosure of the recommendation would cause harm.