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New York Times v. Center for Disease Control

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The Clinic represents the New York Times in a matter seeking information from the Center for Disease Control related to demographic disparities in COVID-19 cases. Following constructive denial by the agency of a Freedom of Information Act request, the Times (with the Clinic as co-counsel) filed suit in the Southern District of New York. The information sought is vital to understanding the disproportionate impact the disease has had on racial minorities. The Times requested copies of All Human Infection with 2019 Novel Coronavirus Person Under Investigation (PUI) and Case Report Forms. These records provide data that significantly contributes to the public understanding of the disease and sheds light on agency data collection methods as part of the government’s response to the pandemic. In June, the agency agreed to release information on hundreds of thousands of cases. On July 6, the Times published a front page story using the data gained from the lawsuit. The case remains pending.


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