Federal Circuit Ruling on PACER Fees

Earlier this month, the Federal Circuit issued its decision in National Veterans Legal Services Program v. United States. Judge Hughes’ opinion begins in the style of Goldilocks:

These interlocutory cross-appeals challenge the district court’s interpretation of a statutory note to 28 U.S.C. § 1913 permitting the federal judiciary to charge “reasonable fees” for “access to information available through automatic data processing equipment.” Plaintiffs contend that under this provision unlawfully excessive fees have been charged for accessing federal court records through the Public Access to Court Electronic Records (PACER) system and that the district court identifies too little unlawful excess. The government argues that the district court identifies too much (and also that the district court lacked jurisdiction). We conclude that the district court got it just right. We therefore affirm and remand for further proceedings.

Here’s coverage from Debra Cassens Weiss (ABA Journal).

(H/T Roger Baron)