United States Supreme Court Opinion

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The United States Supreme Court issued its opinion on March 30, 2004. I have written a response for the web site. My petition for rehearing to the Supreme Court, which was denied, makes the same points in an abbreviated form because of page limitations imposed by Supreme Court rules. Those documents, and the other case documents are posted below in the section entitled "Freedom of Information Act Lawsuit to Obtain Foster Investigation Photographs: Case Documents for Favish v. OIC". Note the entry in the table below for May 30, 2001 and October 9, 2001, which contains copies of the documents that comprised the evidence presented in this case. Also note that the Supreme Court stated, without any support, that “Favish has not produced any evidence that would warrant a belief by a reasonable person that the alleged Government impropriety might have occurred to put the balance into play.”

Downloadable documents:

Opinion, Nat’l Archives and Records Admin. v. Favish, March 30, 2004 (216 KB)

Petition for Rehearing, Nat’l Archives and Records Admin. v. Favish, (62 KB)