Details on today’s opinions

In McBurney v. Young, a unanimous Court (in an opinion by Justice Alito) held that Virginias Freedom of Information Act, whichgrants Virginia citizensaccess to all public records, but grants no such right to non-Virginians,does not violate the Privileges and Immunities Clause, which protects only those privileges and immunities that are fundamental. Nor, the Court held, does the Act violate the dormant Commerce Clause: it neither prohibits access to an interstate market nor imposes burdensome regulation on that market; and, in any event, a state does not violate the Clause when, having created a market through a state program, it limits benefits generated by [that] state program to those who fund the state treasury and whom the State was created to serve. Justice Thomas filed a concurring opinion.

In Boyer v.Louisiana, the Court dismissed the petition for certiorari as improvidently granted. Justice Alito filed a concurring opinion, which was joined by Justices Scalia and Thomas. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Kagan.