Case: Arab American Institute v. Office of Management and Budget

1:18-cv-00871 | U.S. District Court for the District of District of Columbia

Filed Date: April 13, 2018

Case Ongoing

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Case Summary

On April 13, 2018, the Arab American Institute (“AAI”) sued the Office of Management and Budget (“OMB”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, in the U.S. District Court for the District of Columbia. AAI alleged that OMB violated FOIA by failing to disclose requested records pertaining to OMB’s decision not to include a combined race and ethnicity question or a Middle Eastern or North African (MENA) category on the 2020 Census. AAI asked the court to declare that OMB vio…

One month later, on May 18, 2018, the court ordered OMB to file a dispositive motion or a status report setting a schedule for OMB’s production of documents to AAI. OMB chose the latter, filing its first status report on June 15, 2018. Over the next two years, the parties filed several joint status reports detailing which documents OMB had disclosed to AAI and which documents were still outstanding or disputed. By May 13, 2020, OMB had reviewed approximately 2,000 potentially responsive documents, producing “a number” of them to AAI and withholding 161 of them, claiming they were FOIA exempt. AAI objected to the withholding of five of the allegedly exempt documents.

OMB filed a motion for summary judgment on February 10, 2020, arguing that the five disputed documents were exempt under FOIA Exemption 5, which allows agencies to withhold “inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency,” including “predecisional and deliberative” documents that reflect internal Executive Branch deliberations. AAI filed a cross-motion for summary judgment on March 12, 2020, arguing that OMB had not provided a sufficient basis for exempting the documents and that the exemption didn’t apply because the documents were not “predecisional.” On August 13, 2020, after conducting in camera review, the court granted OMB’s motion for summary judgment and denied AAI’s cross-motion, finding that the disputed documents were predecisional and exempt from FOIA. 2020 WL 4698098.

As of December 25, 2020, AAI has not appealed the court’s decision.

Summary Authors

Becca Rogers (12/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6363880/parties/arab-american-institute-v-office-of-management-and-budget/

Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorney for Plaintiff

Holmes, Lindsay Patricia (District of Columbia)

Rochford, Allison (District of Columbia)

Attorney for Defendant

Bailen, Mark I. (District of Columbia)

Caplen, Robert Aaron (District of Columbia)

Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorney for Plaintiff

Holmes, Lindsay Patricia (District of Columbia)

Rochford, Allison (District of Columbia)

Attorney for Defendant

Bailen, Mark I. (District of Columbia)

Caplen, Robert Aaron (District of Columbia)

Sroka, Scott Leeson (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:18-cv-00871	Docket [PACER]	Aug. 13, 2020	Aug. 13, 2020 Docket
1 1:18-cv-00871	Complaint for Injunctive and Declaratory Relief	April 13, 2018	April 13, 2018 Complaint
45 1:18-cv-00871	Memorandum Opinion	Aug. 13, 2020	Aug. 13, 2020 Order/Opinion 2020 WL 4698098

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
2020 Census Litigation	Every ten years, the U.S. Census Bureau conducts a count — the census — of all the people living in the country. The U.S. Constitution requires the government to count every adult and child, cit…	2020	https://www.brennancenter.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6363880/arab-american-institute-v-office-of-management-and-budget/

Last updated July 20, 2026, 5:01 a.m.

ECF Number	Date	Description	Link
1	April 13, 2018	COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090-5422281) filed by ARAB AMERICAN INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Bailen, Mark) (Entered: 04/13/2018) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	RECAP
	April 13, 2018	Case Assigned to Judge Amy Berman Jackson. (zsth)
	April 16, 2018	Case Assigned/Reassigned
2	April 16, 2018	SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 04/16/2018)	RECAP
3	April 20, 2018	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 04/20/2018)	RECAP
4	April 24, 2018	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/17/2018. (Bailen, Mark) (Entered: 04/24/2018)	RECAP
5	April 24, 2018	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/17/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/17/2018. (Bailen, Mark) (Entered: 04/24/2018)	RECAP
6	May 11, 2018	NOTICE of Appearance by Allison Rochford on behalf of ARAB AMERICAN INSTITUTE (Rochford, Allison) (Entered: 05/11/2018)	RECAP
7	May 11, 2018	NOTICE of Appearance by Lindsay Patricia Holmes on behalf of ARAB AMERICAN INSTITUTE (Holmes, Lindsay) (Entered: 05/11/2018)	RECAP
8	May 17, 2018	ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Sroka, Scott) (Entered: 05/17/2018)	RECAP
9	May 18, 2018	ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before June 15, 2018. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/18/2018. (lcabj2) (Entered: 05/18/2018)	RECAP
10	June 15, 2018	STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 06/15/2018)	RECAP
	June 18, 2018	MINUTE ORDER. Defendant must make its initial production of documents by July 13, 2018, and the parties must meet and confer and submit a joint status report and schedule for further proceedings by July 13, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/18/2018. (lcabj2)
11	July 13, 2018	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 07/13/2018)	RECAP
	July 16, 2018	MINUTE ORDER. The parties must file a joint status report by October 1, 2018 informing the Court of the status of the production of documents. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/16/2018. (lcabj2)
12	Oct. 1, 2018	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 10/01/2018)	RECAP
	Oct. 1, 2018	MINUTE ORDER. The parties must file another joint status report by December 3, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/01/2018. (lcabj2)
13	Dec. 3, 2018	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 12/03/2018)	RECAP
	Dec. 4, 2018	MINUTE ORDER. The parties must file another status report by January 22, 2019. Signed by Judge Amy Berman Jackson on 12/4/2018. (lcabj2)
14	Jan. 11, 2019	Unopposed MOTION to Stay, MOTION for Extension of Time to in Light of Lapse of Appropriations by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/11/2019)	RECAP
	Jan. 14, 2019	MINUTE ORDER granting 14 Motion to Stay. Defendant must notify the Court within two business days of the resumption of government operations and propose a revised schedule for the production of documents and filing of a status report, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/14/2019. (lcabj2)
15	Jan. 29, 2019	NOTICE of Restored Government Funding by OFFICE OF MANAGEMENT AND BUDGET re Order on Motion to Stay,, Order on Motion for Extension of Time to, (Sroka, Scott) (Entered: 01/29/2019)	RECAP
	Jan. 29, 2019	MINUTE ORDER. In light of the defendant's notice 15, the Court's January 14, 2019 minute order granting a stay in this case is hereby lifted. The parties must file a joint status report proposing a revised schedule for production by February 14, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/29/2019. (lcabj2)
16	Feb. 14, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 02/14/2019)	RECAP
	Feb. 19, 2019	MINUTE ORDER. The parties must file another status report by March 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/19/2019. (lcabj2)
17	March 7, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 03/07/2019)	RECAP
	March 8, 2019	~Util - Set/Reset Deadlines
	March 8, 2019	.Order
	March 8, 2019	MINUTE ORDER. The parties must file another status report by April 8, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/8/2019. (lcabj2)
18	April 8, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 04/08/2019)	RECAP
	April 9, 2019	~Util - Set/Reset Deadlines
	April 9, 2019	.Order
	April 9, 2019	MINUTE ORDER. The parties must file another status report by May 8, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/9/2019. (lcabj2)
19	May 8, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 05/08/2019)	RECAP
	May 9, 2019	~Util - Set/Reset Deadlines
	May 9, 2019	.Order
	May 9, 2019	MINUTE ORDER. The parties must file another status report by June 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/9/2019. (lcabj2)
20	June 10, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 06/10/2019)	RECAP
	June 11, 2019	~Util - Set/Reset Deadlines
	June 11, 2019	.Order
	June 11, 2019	MINUTE ORDER. The parties must file another status report by July 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/11/2019. (lcabj2)
21	July 10, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 07/10/2019)	RECAP
	July 11, 2019	~Util - Set/Reset Deadlines
	July 11, 2019	.Order
	July 11, 2019	MINUTE ORDER. The parties must file another status report by August 12, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/11/2019. (lcabj2)
22	Aug. 12, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 08/12/2019)	RECAP
	Aug. 12, 2019	~Util - Set/Reset Deadlines
	Aug. 12, 2019	.Order
	Aug. 12, 2019	MINUTE ORDER. The parties must file another status report by August 20, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/12/2019. (lcabj2)
23	Aug. 20, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 08/20/2019)	RECAP
	Aug. 22, 2019	~Util - Set/Reset Deadlines
	Aug. 22, 2019	.Order
	Aug. 22, 2019	MINUTE ORDER. The parties must file another status report by September 20, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/22/2019. (lcabj2)
24	Sept. 20, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 09/20/2019)	RECAP
	Oct. 1, 2019	~Util - Set/Reset Deadlines
	Oct. 1, 2019	.Order
	Oct. 1, 2019	MINUTE ORDER. The parties must file another status report by October 21, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/1/2019. (lcabj2)
25	Oct. 21, 2019	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 10/21/2019)	RECAP
	Oct. 22, 2019	~Util - Set/Reset Deadlines
	Oct. 22, 2019	.Order
	Oct. 22, 2019	MINUTE ORDER. The parties must file another status report by November 4, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/22/2019. (lcabj2)
26	Nov. 4, 2019	ENTERED IN ERROR.....Joint STATUS REPORT by ARAB AMERICAN INSTITUTE. (Rochford, Allison) Modified on 11/7/2019 (znmw). (Entered: 11/04/2019)	RECAP
27	Nov. 6, 2019	Joint STATUS REPORT by ARAB AMERICAN INSTITUTE. (Rochford, Allison) (Entered: 11/06/2019)	RECAP
	Nov. 6, 2019	Notice of QC
	Nov. 6, 2019	NOTICE OF ERROR re 26 Status Report; emailed to arochford@bakerlaw.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI - DO NOT REFILE - Login/Password must match attorney signature on pleading(s) (zjf, )
	Nov. 7, 2019	~Util - Set/Reset Deadlines
	Nov. 7, 2019	.Order
	Nov. 7, 2019	MINUTE ORDER. The parties must file another status report by November 20, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/7/2019. (lcabj2)
28	Nov. 20, 2019	Joint STATUS REPORT AND PROPOSED SCHEDULING ORDER by ARAB AMERICAN INSTITUTE. (Rochford, Allison) (Entered: 11/20/2019)	RECAP
	Nov. 25, 2019	~Util - Set/Reset Deadlines
	Nov. 25, 2019	.Order
	Nov. 25, 2019	MINUTE ORDER. In light of the parties joint status report 28, the Court will enter the following briefing schedule: Defendant's motion for summary judgement will be due on January 21, 2020. Plaintiff's opposition and cross-motion for summary judgment, to be supported by a single memorandum of law, will be due on February 21, 2020. Defendant's reply and cross-opposition, to be supported by a single memorandum of law, will be due on March 20, 2020. Plaintiff's reply will be due on April 3, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/25/2019. (lcabj2)
29	Jan. 21, 2020	Consent MOTION for Extension of Time to File Motion for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Sroka, Scott) (Entered: 01/21/2020)	RECAP
	Jan. 21, 2020	Set/Reset Deadlines
	Jan. 21, 2020	Order on Motion for Extension of Time to
	Jan. 21, 2020	MINUTE ORDER granting 29 Motion for Extension of Time. Defendant's motion for summary judgement will be due on February 4, 2020. Plaintiff's opposition and cross-motion for summary judgment, to be supported by a single memorandum of law, will be due on March 6, 2020. Defendant's reply and cross-opposition, to be supported by a single memorandum of law, will be due on April 3, 2020. Plaintiff's reply will be due on April 17, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/21/2020. (lcabj2)
30	Jan. 31, 2020	MOTION for Summary Judgment and Supporting Memorandum by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Statement of Facts and Proposed Order)(Sroka, Scott) (Entered: 01/31/2020)	RECAP
31	Feb. 10, 2020	ERRATA by OFFICE OF MANAGEMENT AND BUDGET 30 MOTION for Summary Judgment and Supporting Memorandum filed by OFFICE OF MANAGEMENT AND BUDGET. (Sroka, Scott) (Entered: 02/10/2020)	RECAP
32	Feb. 10, 2020	MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Statement of Facts, # 2 Declaration and Exhibits)(Sroka, Scott) (Entered: 02/10/2020)	RECAP
33	Feb. 10, 2020	Joint MOTION to Modify the BRIEFING SCHEDULE by ARAB AMERICAN INSTITUTE (Rochford, Allison) (Entered: 02/10/2020)	RECAP
	Feb. 11, 2020	Set/Reset Deadlines
	Feb. 11, 2020	Order on Motion to Modify
	Feb. 11, 2020	MINUTE ORDER granting 33 joint motion to modify the briefing schedule. Plaintiff's opposition and cross-motion for summary judgment, to be supported by a single memorandum of law, will be due on March 12, 2020. Defendant's reply and cross-opposition, to be supported by a single memorandum of law, will be due on April 9, 2020. Plaintiff's reply will be due on April 23, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/11/2020. (lcabj2)
34	March 12, 2020	Cross MOTION for Summary Judgment by ARAB AMERICAN INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts With Exhibit, # 3 Text of Proposed Order)(Rochford, Allison) (Entered: 03/12/2020) 2 View on RECAP	RECAP
35	March 12, 2020	NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Scott Leeson Sroka (Caplen, Robert) (Entered: 03/12/2020)	RECAP
36	March 16, 2020	Memorandum in opposition to re 30 MOTION for Summary Judgment and Supporting Memorandum, 32 MOTION for Summary Judgment filed by ARAB AMERICAN INSTITUTE. (Attachments: # 1 Statement of Facts and Exhibit, # 2 Text of Proposed Order)(Rochford, Allison) (Entered: 03/16/2020) 1 View on RECAP	RECAP
	March 16, 2020	Notice of QC
	March 16, 2020	NOTICE OF ERROR re 34 Motion for Summary Judgment; emailed to arochford@bakerlaw.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Under the OPPOSITION event (zjf, )
37	March 27, 2020	Unopposed MOTION for Extension of Time to File Response/Reply as to 34 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, 32 MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 03/27/2020)	RECAP
	March 27, 2020	Set/Reset Deadlines
	March 27, 2020	Order on Motion for Extension of Time to File Response/Reply
	March 27, 2020	MINUTE ORDER granting 37 Motion for Extension of Time. Defendant's reply and cross-opposition, to be supported by a single memorandum of law, will be due on May 13, 2020. Plaintiff's reply will be due on May 28, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/27/2020. (lcabj2)
38	May 13, 2020	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Caplen, Robert) (Entered: 05/13/2020)	RECAP
39	May 13, 2020	Memorandum in opposition to re 34 Cross MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Statement of Facts, # 2 Supplemental Declaration of Heather V. Walsh and Revised Vaughn Index, # 3 Text of Proposed Order)(Caplen, Robert) (Entered: 05/13/2020) 1 View on RECAP	RECAP
40	May 13, 2020	REPLY to opposition to motion re 32 MOTION for Summary Judgment (same as ECF 39) filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Statement of Facts, # 2 Supplemental Declaration of Heather V. Walsh and Revised Vaughn Index)(Caplen, Robert) (Entered: 05/13/2020)	RECAP
41	May 28, 2020	REPLY to opposition to motion re 34 Cross MOTION for Summary Judgment Plaintiff's Reply in further support of Motion for Summary Judgment (and Opposition to Defendant's Motion for Summary Judgment) filed by ARAB AMERICAN INSTITUTE. (Rochford, Allison) (Entered: 05/28/2020)	RECAP
42	May 28, 2020	Memorandum in opposition to re 32 MOTION for Summary Judgment (re Cross-Motion: same as ECF No. 41) filed by ARAB AMERICAN INSTITUTE. (Rochford, Allison) (Entered: 05/28/2020)	RECAP
	July 24, 2020	MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection, by July 31, 2020, the five documents at issue that have been withheld pursuant to FOIA Exemption 5: (1) OMB183FY18176_000000702; (2) OMB183FY18176_000000752; (3) OMB183FY18176_000000321; (4) OMB183FY8176_000000764; and (5) OMB183FY18176_0000003026. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). SO ORDERED. Signed by Judge Amy Berman Jackson on 7/24/2020. (lcabj2)
	July 24, 2020	~Util - Set/Reset Deadlines AND .Order
43	July 31, 2020	NOTICE re July 24, 2020, Minute Order by OFFICE OF MANAGEMENT AND BUDGET (Caplen, Robert) (Entered: 07/31/2020)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0 & 2.0 FOIA cases

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: April 13, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-profit organization that focuses on the issues and interests of Arab-Americans

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Office of Management and Budget

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Other Dockets:

District of District of Columbia 1:18-cv-00871

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Document/information produced

Source of Relief:

Litigation

Issues

General/Misc.:

Records Disclosure

Recommended Citation

Case Summary of Arab American Institute v. Office of Management and Budget, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17754/ (last updated 12/25/2020).