Pass the Popcorn

The Federal Reserve has decided not to appeal the decision of the Federal Courts to turn over information on its sh%$pile for cash loans to Bloomberg News:

The Federal Reserve won’t join a group of the largest commercial banks in asking the U.S. Supreme Court to let the government withhold details of emergency loans made to financial firms in 2008.

The central bank’s decision not to appeal makes it less likely the high court will hear the case, said Tom Goldstein, a Washington lawyer who has argued 22 cases before the high court since 1999 and whose Scotusblog website tracks the panel.

The Clearing House Association LLC, a group of the biggest commercial banks, filed the appeal today. Under federal rules for appeals, a lower court’s order requiring disclosure remains on hold until the Supreme Court acts. Kit Wheatley, an attorney for the Fed, confirmed that the central bank won’t join the appeal. David Skidmore, a spokesman for the central bank, did not immediately respond to requests for additional comment.

The bank group is appealing a federal judge’s August 2009 ruling requiring the Fed to disclose records of its emergency lending. Bloomberg LP, the parent company of Bloomberg News, sued for the release of the documents under the Freedom of Information Act.

Obviously, the Supreme Court could still decide to hear the case, but the Fed pulling out indicates that they no longer see this sort of disclosure as a systemic threat, which in turn makes it less likely that SCOTUS will take up the case.

I think that it is now a question of "when" not "if" the data gets released, and I think that it should prove to be very interesting.

Background here.