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McBurney v. Young

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Docket No. Op. Below Argument Opinion Vote Author Term
12-17 4th Cir. Feb 20, 2013 Apr 29, 2013 9-0 Alito OT 2012

Holding: Virginia’s Freedom of Information Act, which grants Virginia citizens access 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.” The Act also does not 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.”

Judgment: Affirmed, 9-0, in an opinion by Justice Alito on April 29, 2013. Justice Thomas filed a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 20 2012Application (11A1012) to extend the time to file a petition for a writ of certiorari from May 1, 2012 to June 30, 2012, submitted to The Chief Justice.
Apr 25 2012Application (11A1012) granted by The Chief Justice extending the time to file until June 29, 2012.
Jun 29 2012Petition for a writ of certiorari filed. (Response due August 6, 2012)
Jul 9 2012Waiver of right of respondents Nathaniel L. Young, Deputy Commissioner and Director, Virginia Division of Child Support Enforcement, et al. to respond filed.
Jul 18 2012Waiver of right of respondent Thomas C. Little to respond filed.
Jul 25 2012DISTRIBUTED for Conference of September 24, 2012.
Jul 30 2012Response Requested . (Due August 29, 2012)
Aug 28 2012Brief amici curiae of American Society of News Editors, et al. filed.
Aug 29 2012Brief amici curiae of Citizens for Responsibility and Ethics in Washington (CREW), et al. filed.
Aug 29 2012Brief of respondents Nathaniel L. Young, Deputy Commissioner and Director, Virginia Division of Child Support Enforcement, et al. in opposition filed.
Aug 29 2012Brief amici curiae of Judicial Watch, Inc., et al. filed.
Aug 29 2012Brief amici curiae of Coalition for Sensible Public Records Access, et al. filed.
Sep 12 2012DISTRIBUTED for Conference of October 5, 2012.
Sep 12 2012Reply of petitioners Mark J. McBurney, et al. filed. (Distributed)
Oct 5 2012Petition GRANTED.
Nov 9 2012The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 14, 2012.
Dec 4 2012Motion to dispense with printing the joint appendix filed by petitioner Mark J. McBurney, et al.
Dec 7 2012The time to file the joint appendix and petitioners' brief on the merits is further extended to and including December 21, 2012.
Dec 10 2012Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 16 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners
Dec 18 2012SET FOR ARGUMENT ON Wednesday, February 20, 2013
Dec 18 2012The time to file the joint appendix and petitioners' brief on the merits is further extended to and including December 26, 2012.
Dec 26 2012Brief of petitioners Mark J. McBurney, et al. filed.
Jan 2 2013Brief amici curiae of The Reporters Committee for Freedom of the Press and 53 Media Organizations, et al. filed.
Jan 2 2013Brief amici curiae of Judicial Watch, Inc., and Allied Educational Foundation filed.
Jan 2 2013Brief amici curiae of Coalition for Sensible Public Records Access, et al. filed.
Jan 2 2013Brief amicus curiae of Institute for Justice filed.
Jan 2 2013Brief amicus curiae of Public Justice, P.C. filed.
Jan 2 2013Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Jan 4 2013Record received from the U.S.C.A. for the 4th Circuit. 1 Box
Jan 4 2013Record from U.S.D.C. for Eastern District of Virginia is electronic.
Jan 10 2013CIRCULATED.
Jan 24 2013Brief of respondents Nathaniel L. Young, Deputy Commissioner and Director, Virginia Division of Child Support Enforcement, et al. filed. (Distributed)
Jan 30 2013Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Jan 30 2013Proposal from counsel for amici curiae National Conference of State Legislatures, et al. to lodge copies of three letters from local governmental entities referenced in their brief.
Jan 31 2013Brief amici curiae of Local Government Attorneys of Virginia, Inc., et al. filed. (Distributed)
Feb 4 2013Letter from counsel for petitioners opposing lodging proposed by National Conference of State Legislatures, et al.
Feb 8 2013Reply from counsel for amici National Conference of State Legislatures, et al. to petitioner's opposition to lodging proposal.
Feb 11 2013Respondents' letter in support of lodging proposal.
Feb 13 2013Reply of petitioners Mark J. McBurney, et al. filed. (Distributed)
Feb 20 2013Argued. For petitioners: Deepak Gupta, Washington, D. C. For respondents: Earle Duncan Getchell, Jr., Solicitor General of Virginia, Richmond, Va.
Apr 29 2013Adjudged to be AFFIRMED Alito, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
May 31 2013JUDGMENT ISSUED.
Jun 3 2013Record returned to U.S.C.A. for 4th Circuit.