McBurney v. Young

2013-04-29

Headline: Court upholds Virginia’s citizens-only public records law, rejecting claims it denies nonresidents constitutional privileges or unlawfully burdens interstate commerce; many records remain available by other routes.

Holding: The Court upheld Virginia’s citizens-only FOIA, ruling it does not violate the Privileges and Immunities Clause or the dormant Commerce Clause because most records remain obtainable by other means.

Real World Impact:

Allows states to limit FOIA access to their own citizens.
Nonresidents can use discovery, subpoenas, or state privacy acts for many records.
Affirms online posting and local procedures as practical alternatives.

Topics: public records access, state citizenship rules, out-of-state access to records, interstate commerce limits, government transparency

Summary

Background

Two out-of-state requesters sued after Virginia denied their public-records requests because they were not Virginia citizens. One requester, Mark McBurney, sought records about his child support case and later obtained much of his personal file through Virginia’s Government Data Collection and Dissemination Practices Act. The other, Roger Hurlbert, runs a business that obtains real estate tax records for clients and was denied tax assessment records from Henrico County under Virginia’s FOIA. They sued under federal law, arguing the citizens-only FOIA violated the Privileges and Immunities Clause and, for Hurlbert, the dormant Commerce Clause. Lower courts ruled for Virginia, and the Supreme Court agreed to resolve a split in lower courts.

Reasoning

The Court asked whether limiting FOIA access to state citizens abridges any fundamental privileges protected by the Constitution or unlawfully burdens interstate commerce. It held the Privileges and Immunities Clause protects only certain fundamental rights and that Virginia’s citizens-only FOIA did not meaningfully abridge those rights. The Court found the FOIA was not a protectionist employment rule, that many property and court records are available to everyone by other statutes or online, and that procedural tools like subpoenas and discovery can yield needed litigation documents. As to the dormant Commerce Clause, the Court said the FOIA does not regulate interstate commerce; it is a state service tied to citizenship and taxpayer funding, so it survives review.

Real world impact

The ruling leaves states free to limit their FOIA benefits to their own citizens without violating these constitutional provisions when other avenues exist for obtaining records. People and businesses outside Virginia may often obtain needed documents through other laws, online posting practices, or litigation tools. The decision resolves a split among lower courts about citizens-only FOIA laws.

Dissents or concurrances

Justice Thomas joined the opinion but reiterated his view that the negative (dormant) Commerce Clause lacks constitutional basis.