Review Granted by Supreme Court in Open Government Case

The Supreme Court has agreed to hear McBurney v. Young, which presents the following question:

Under the Privileges and Immunities Clause of Article IV and the dormant Commerce Clause of the United States Constitution, may a state preclude citizens of other states from enjoying the same right of access to public records that the state affords its own citizens?

Specifically, the case challenges a provision of Virginia's Freedom of Information Act that allows state and local Virginia agencies to deny requests for public records on the ground that the requester is not a citizen of Virginia. Click here for access to all the cert-stage briefs.

Two CL&P co-coordinators, Deepak Gupta and Brian Wolfman, are the lead counsel for the petitioners. Deepak is counsel of record. About a dozen students at Georgetown University Law Center have worked on the case since it was filed in early 2009, and two of them played a significant role in drafting the petition for a writ of certiorari. More on this case soon.

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