United States Supreme Court
133 S. Ct. 1709 (2013)
The Virginia Freedom of Information Act (FOIA) stated that Virginia citizens could access all public records but did not contain a similar allowance for non-Virginia citizens. McBurney and other non-Virginia residents (plaintiffs) sought access to Virginia public records under FOIA. The Commonwealth of Virginia (defendant) denied the request. The non-Virginia residents challenged FOIA’s exclusion of non-residents on the grounds that it violated the Privileges and Immunities Clause. The non-Virginia residents argued that FOIA prevented them from practicing their trade, which required obtaining property records from various states for clients. The non-Virginia residents also claimed that the exclusion gave Virginia citizens an unfair litigation advantage over non-Virginia citizens. The non-Virginia residents also claimed FOIA violated the dormant Commerce Clause. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Alito, J.)
Concurrence (Thomas, J.)
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