Supreme Court of the United States · Official docket →
Jin-Pyong Peter Yim v. National Institutes of Health
Paid petition · United States Court of Appeals for the Third Circuit, No. 23-1601 · judgment October 13, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
When the National Institutes of Health (“NIH”) failed to respond to a record request within 20 busi ness days, as required by statute, Petitioner (“Yim”) filed suit. Subsequently, NIH responded by provid ing a website. When asked to to be more specific, the agency provided a single record but was unable to con firm that the record was responsive to the request. The agency then produced a declaration attesting to the existence of the requested record but the dec laration lacked a compliant endorsement. Thus, the agency left uncertainty as to the existence of the re quested record. The court is therefore asked:
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Must an agency specify which non-exempt records are responsive to a request?
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Can an agency respond to a record request based on “information and belief’?
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Must an agency confirm or deny the existence of a non-exempt record?
Counsel of record
For petitioner
Jin-Pyong Peter Yim
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 29 2024Petition DENIED.
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 05 2024Waiver of right of respondent National Institutes of Health to respond filed.
- Feb 29 2024Petition for a writ of certiorari filed. (Response due April 5, 2024)