By Gabe Roth and Manny Marotta

The Federal Circuit did it!

Not the other thing we’ve been yelling at them about (they still haven’t transferred the Judge Newman complaint out of the building), but something that may be just as important. A three-judge panel there today reaffirmed a core principle of judicial transparency:

Information that appears in a judge’s opinion is part of the public record.

In decisions issued in two related cases, 24-1566 and 24-127, the panel rejected efforts by the International Trade Commission to redact portions of a lower court judge’s opinion that included material some parties claimed was confidential.

The panel concluded that courts cannot retroactively shield information from public view after a judge has relied on it when crafting a judicial opinion.

The rulings recall language from a 2021 opinion by Fifth Circuit Judge Don Willett, who wrote (p. 11) that “judicial records are public records.” The Federal Circuit’s latest decisions echo Willett’s statement by making clear that claims of confidentiality cannot override the public’s right to understand the basis for judicial reasoning.

According to the Federal Circuit, once a judge determines that certain facts or materials are necessary to explain a ruling, those materials cannot later be hidden simply because litigants regret their disclosure.

In other words, they can’t put the cat back in the bag, as such practices would set a concerning precedent for secrecy in the federal courts — especially since the ITC had plenty of opportunities to ask for a redactions throughout the process. Also of note: the information that wasn’t redacted — data on mattress imports and the like — is, at this point six or seven years old. Hardly a trade secret now, if ever.

Access to full judicial opinions is essential for accountability, public trust and public knowledge of how the law works. So, we commend the Federal Circuit for drawing a firm line between legitimately sealed filings and information that’s already entered the public domain via a judicial decision.

These rulings protect not only the public’s right to know but also the integrity of the judicial process.