Republican Part of NM v. NM Taxation & Revenue Dept.
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This case presented an issue of first impression for the Supreme Court: whether executive privilege in the context of a public records request presented a conflict with the public's right to access information concerning the "inner workings of its government." Petitioners Republican Party of New Mexico and Lyn Ott, individually and as Director of the Help America Vote Act for the Republican Party requested certain government documents. Respondents New Mexico Taxation and Revenue Department, Motor Vehicle Divison, and the Custodial of Records withheld some of those documents on several grounds including executive privilege. "To protect the people's vital right to access information about the workings of government, [the Supreme Court held] that executive privilege must be confined to the constitutional limits." The Court found that the documents in question did not qualify for the privilege, and reversed the district court's judgment classifying the documents in question as "privileged."
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