On April 29, 2013 the Supreme Court announced its decision in McBurney v.Young. The question in the case was whether Virginia's Freedom of Information Act (FOIA) violates the Privileges and Immunities Clause of Article IV and the dormant Commerce Clause of the United States Constitution by declining to grant citizens of other states the right of access to public records that Virginia affords its own citizens.
In an unanimous opinion delivered by Justice Alito, the Court held that Virginia’s FOIA does not violate the Privileges and Immunities Clause or the dormant Commerce Clause. Justice Thomas filed a concurring opinion.
To discuss the case, we have Christopher Green, who is a professor at the University of Mississippi School of Law and currently visiting at the University of San Diego School of Law.
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