October 16, 2012
A Constitutional Challenge to Virginia's State FOIA as It Applies to Non-ResidentsOn Oct. 5, 2012, the Supreme Court granted cert in McBurney v. Young, 12-17 [SCOTUSblog case page] a case involving a state's power to grant access to its public records to its own citizens but deny access to non-residents under the rarely interpreted Privileges and Immunities Clause and the dormant Commerce Clause. For background, see Courthouse News reports Out-of-Staters Take Info Access Dispute to D.C. and Out-of-Staters Have No Claim to Virginia Files (Covers 4th Circuit ruling at 667 F.3d 454). [JH]
I wrote up some of the details of the case and the arguments made by amici at the cert stage here:
Looking forward to merits briefs... and oral argument!
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Posted by: Lawyer Fort Worth | Oct 16, 2012 5:15:28 AM