United States Court Of Appeals Essay

981 WordsApr 30, 20164 Pages
Mark J. Mcburney (Respondent) V. Nathaniel L Young, 569 US, 12–17. (2013) Argued February 20, 2013—Decided April 29, 2013 in United States Court of Appeals for the Fourth Circuit Facts: A former resident of Virginia is denied access to public information needed for filing a petition for child support. The Virginia Freedom of Information Act (“VFOIA”) reads, “all public records shall be open to inspection and copying by any citizen of the Commonwealth ” Va.Code Ann. § 2.2-3704(A). In question is the violation of, The Commerce Clause and the Privileges and Immunities Clause in the process. Article I’s, Commerce Clause gives Congress power to “regulate commerce … among the several states (Szypszack, 2011, p. 13). The Privileges and Immunities Clause of Article IV guarantees uniformity of rights across the state borders (Harvard Law Review, 2013). McBurney was denied information needed to resolve a nine-month delay in child support. The Respondent, Mr. McBurney filed a complaint in the Eastern District of Virginia’s District Court (Cornell University Law School). The Eastern District of Virginia’s District Court ruled against McBurney. McBurney appealed to the Fourth Circuit Court of Appeals (Cornell University Law School) only to be affirmed The Supreme Court granted a writ of certiorari (Cornell University Law School)or review of the McBurney’s case. Issues: Did The State of Virginia violate the Privilege & Immunities Clause or Commerce Clause when applying its
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