Academic

I've written that, among the dramatic events of our day, it's kind of interesting that the courts are playing almost no role in the financial crisis.  No criminal cases, only one or two civil ones.  No review of the TARP, even though that review was provided for by the statute.  

You can't say that about health care reform, or presidential elections.  Or even foreign policy, given the number of Guantanamo cases.

Anyway, now the Supreme Court has ducked another chance to get involved.  To be sure, it was FOIA, but it was FOIA the Fed cared about, because the information request was from news organizations who wanted to know what the terms of the agency's TARP loans were.  Since the Fed lost below, they won't be happy that the Court said no.  

But on the other hand, if FOIA disclosures are the most burdensome admninistrative law requirements the agency has had to face, it really can't complain about high court passivity in this area.