# McBurney v. Young

> Supreme Court of the United States · April 29, 2013 · 569 U.S. 221

URL: https://www.frixlaw.com/law-library/cases/9506124

## Case

- **Full name:** Mark J. McBURNEY, Et Al., Petitioners v. Nathaniel L. YOUNG, Deputy Commissioner and Director, Virginia Division of Child Support Enforcement, Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** April 29, 2013
- **Citations:** 569 U.S. 221; 24 Fla. L. Weekly Fed. S 171; 81 U.S.L.W. 4276; 41 Media L. Rep. (BNA) 1669; 133 S. Ct. 1709; 185 L. Ed. 2d 758; 2013 U.S. LEXIS 3317; 2013 WL 1788080
- **Precedential status:** Published
- **Opinion:** Concurrence by Thomas
- **Judges:** Alito, Thomas
- **Cited by:** 465 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9506124

## How later opinions describe it (automated extraction)

- noting dormant Commerce Clause jurisprudence “is driven by a concern about ‘economic protectionism — that is, regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors’ ” (quoting New Energy Co. of Ind. v. Limbach, 486 U.S. 269, …
- recognizing the Supreme Court “has repeatedly made clear that there is no constitutional right to obtain all the information provided by [freedom of information] laws”
- explaining the concept of the "dormant Commerce Clause" (quoting Hughes v. Alexandria Scrap Corp., 426 U.S. 794, 806 , 96 S. Ct. 2488, 2496 , 49 L. Ed. 2d 220, 229 (1976))
- finding there is no constitutional right to obtain all the information provided by freedom of information act laws as no such right was recognized at common law
- concluding inquiry after determining that right to access and copy public records was not “fundamental”

## Opinion text

Justice THOMAS, concurring.
I join the Court's opinion. Though the Court has properly applied our dormant Commerce Clause precedents, I continue *1721 to adhere to my view that "[t]he negative Commerce Clause has no basis in the text of the Constitution, makes little sense, and has proved virtually unworkable in application, and, consequently, cannot serve as a basis for striking down a state statute." Hillside Dairy Inc. v. Lyons, 539 U.S. 59 , 68, 123 S.Ct. 2142 , 156 L.Ed.2d 54 (2003) (opinion concurring in part and dissenting in part) (citation and internal quotation marks omitted).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9506124. Public record. Not legal advice.