2003 Supreme Court term

Office of Independent Counsel v. Favish

Dockets 02-954Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The case concerns whether the privacy interests of survivors of a deceased individual outweigh the public interest in disclosing government investigative materials.

According to Office of Independent Counsel, law‑enforcement officials routinely obtain highly sensitive and personal information, creating a strong privacy interest for affected families.

According to Respondents Anthony and Moody, respondents argue there are five basic reasons why the privacy interest at issue should be protected.

Background and question before the Court

According to Government, multiple government investigations produced voluminous reports and photographs, leading the government to seek disclosure while respondents sought to withhold the images on privacy grounds.

Justice Scalia asked whether identifiable family members must suffer an invasion of privacy for the privacy interest to apply.

According to Justice Ginsburg, justice Ginsburg questioned whether a deceased person has a privacy interest that the Court must consider.

What each side argues

Office of Independent Counsel (Petitioner)

According to Office of Independent Counsel, law‑enforcement officials routinely acquire highly sensitive personal information, creating a compelling privacy interest for families.

According to Petitioner (Ms. Millett), according to Petitioner (Ms. Millett), according to Petitioner (Ms. Millett), the district court applied a less demanding standard, balancing allegations of misconduct against privacy, and concluded the privacy interest still outweighed the public interest.

Respondents (Favish, Anthony and Moody)

According to Respondents Anthony and Moody, there are five basic reasons why the privacy interest at issue should be protected.

Government

According to Government, the public interest in exposing alleged government misconduct must be weighed against the privacy interest of the family.

What happened at oral argument

Justice Scalia asked whether identifiable family members must suffer an invasion of privacy for the privacy interest to apply.

According to Justice Ginsburg, justice Ginsburg questioned whether a deceased person has a privacy interest that the Court must consider.

Justice Stevens asked whether the interest in disclosure might be challenged by pointing out investigative incompetence.

According to Justice Kennedy, justice Kennedy inquired whether the Ninth Circuit applied the proper test and whether the district judge must exercise discretion on remand.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

The case highlights the tension between protecting the privacy of grieving families and ensuring transparency about alleged government misconduct.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 98b0af8cd62914f907fb-r1-2bb9f7c6126b6e7f.pdforal argument transcript

Guide generated September 20, 2026. Automated validation accepted this version.