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McBurney v. Young

United States Supreme Court

133 S. Ct. 1709 (2013)

Relevant factsFree

Virginia's Freedom of Information Act (FOIA) let Virginia citizens access public records but gave no similar right to non-residents. McBurney and other non-Virginia residents (plaintiffs), whose trade required obtaining property records from multiple states for clients, were denied records requests by the Commonwealth of Virginia (defendant) and challenged the residency restriction under the Privileges and Immunities Clause and the dormant Commerce Clause, also arguing the law gave Virginia residents an unfair litigation advantage.

IssueFree

Whether the Privileges and Immunities Clause protects only fundamental privileges and immunities, such that a state need not extend the benefits of all its laws equally to non-citizens.

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