U.S. Supreme Court Hears Case on State Discrimination

22 February 2013

The U.S. Supreme Court seems unlikely to a overturn a prohibition by the state of Virginia against freedom of information requests by nonresidents, according to most media reports on the case.

The plaintiffs argued that the restriction in state law was unconstitutional interference with interstate commerce and the Privileges and Immunities Clause. The case (McBurney v. Young, U.S., No. 12-17) discussed before the court on Feb. 20 was brought by residents of California and Rhode Island. Only three states have such restrictions.

“The justices appeared to differ about whether such a restriction was sensible, but they seemed largely united that it did not run afoul of the Constitution,” according to The New York Times account. Also see reports by the Associated Press, Politico and Scotus blog. Also see transcript.

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