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McBurney v. Young

Docket No.12-17
Op. Below4th Cir.
ArgumentFeb 20, 2013
Vote9-0
AuthorSamuel Alito
OpinionApr 29, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Samuel Alito on Apr 29, 2013. Justice Thomas filed a concurring opinion.

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.

Proceedings & orders timeline

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

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