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ARTICLE · 30 APRIL 2013

Supreme Court Decision Alert - April 29, 2013

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On April 29, 2013 the Supreme Court issued one decision, described below, of interest to the business community.

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
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Keywords: state records, access, privileges, immunities clause, commerce clause

On April 29, 2013 the Supreme Court issued one decision, described below, of interest to the business community.

Access to State Records—Privileges and Immunities Clause—Commerce Clause

McBurney v. Young, No. 12-17 (previously discussed in the October 8, 2012, Docket Report)

The Virginia Freedom of Information Act provides that "all public records shall be open to inspection and copying by any citizens of the Commonwealth," but grants no such right to non-Virginians. Va. Code Ann. § 2.2-3704(A). Today, the Supreme Court, in a unanimous opinion by Justice Alito, held that states do not violate the U.S. Constitution by providing only their own citizens with access to public records under FOIA statutes.

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