Will archiving lawsuit go to Supreme Court?

Will archiving lawsuit go to Supreme Court?

The public interest group that has been fighting to force the National Archives and Records Administration to protect electronic records in their original form will not ask the U.S. Court of Appeals to reconsider its case.

Public Citizen had to decide last month whether to ask the full U.S. Court of Appeals for the District of Columbia circuit to review a three-judge ruling that set aside a lower-court decision banning NARA from letting agencies delete electronic records as long as they saved them in some format.

Public Citizen may still choose to appeal the decision to the U.S. Supreme Court, said Michael Tankersley, the Washington organization's lawyer. The organization has until mid-month to decide whether to file an appeal with the Supreme Court.

No word yet

NARA officials have postponed issuing guidance on what agencies should do as a result of the appellate ruling because of the possibility of further litigation [GCN, Sept. 6, Page 1].

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