Virginia FOIA’s Exclusion of Non-Virginia Residents, McBurney v. Young (amicus) 

The Virginia Freedom of Information Act allows Virginia citizens to request public records from government agencies. Residents of other states are not entitled to receive records. Two non-Virginia residents challenged the exclusion, arguing that it violated the Privileges and Immunities Clause. Mark McBurney had a petition for child support pending in Virginia and sought policies of the Division of Child Support Enforcement. Roger Hurlbert runs a business that obtains tax assessment records for clients from local governments. The Fourth Circuit Court of Appeals upheld the residency requirement. The plaintiffs appealed, and the U.S. Supreme Court agreed to hear the case. The ACLU of Virginia joined other open government advocates to file an amicus brief in the Supreme Court on January 2, 2012. Oral arguments were heard on February 20, 2013.  On April 29, 2013, the Supreme Court upheld the FOIA statute.
Court Documents (click link to view .pdf)
Brief of amicus curiae - U.S. Supreme Court
U.S. Supreme Court Opinion


Pro Bono Law Firm(s)

Samir Jain, Wilmer Cutler

Date filed

January 2, 2013


U.S. Supreme Court