Lower Court Holding in McBurney v. Young
Decision of the Fourth Circuit U.S. Court of Appeals
The Appellants appeal the district court’s rejection of their claim that the Virginia Freedom of Information Act’s (VFOIA) citizens-only provision violates the Privileges and Immunities Clause. In addition, Roger Hurlbert challenges the district court’s determination that the provision does not violate the dormant Commerce Clause. The Privileges and Immunities Clause The Privileges and Immunities Clause of Article IV of the United States Constitution provides: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” “The object of the Privileges and Immunities Clause is to ‘strongly … constitute the citizens of…
