McBurney v. Young

January 2, 2013

After two non-state residents requested records under Virginia’s Freedom of Information Act, Virginia officials denied the requests because they were not citizens of Virginia. The first, a former Virginian, was seeking records about delinquent child support payments he was due. The second, a California businessman, was seeking records for his data brokerage firm. After both requests were denied, the parties filed a lawsuit arguing that the VFOIA's citizenship requirement violated the Privileges and Immunities Clause and Dormant Commerce Clause of the U.S. Constitution. The Fourth Circuit held that Virginia’s citizenship requirement did not violate the Privileges and Immunities Clause or the Dormant Commerce Clause. The Supreme Court then granted review.