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October 16, 2012

A Constitutional Challenge to Virginia's State FOIA as It Applies to Non-Residents

On 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]

October 16, 2012 in Gov Docs, Litigation in the News | Permalink

Comments

I wrote up some of the details of the case and the arguments made by amici at the cert stage here:
https://freedom-to-tinker.com/blog/sjs/supreme-court-to-hear-state-freedom-of-information-act-case-mcburney-v-young/

Looking forward to merits briefs... and oral argument!

Posted by: Steve Schultze | Oct 16, 2012 7:34:21 AM

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Posted by: Lawyer Fort Worth | Oct 16, 2012 5:15:28 AM

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