The ABA Journal is reporting about Virginia's discriminatory application of its FOIA laws where out of state residents are unable to use the law to obtain public records. Apparently 2 separate cases have been brought, one in which a father lived in Virginia but subsequently moved and wanted paperwork related to this divorce, child custody, and child support payments. The other is a real estate data aggregator that requested public real estate data and was denied because he was an out of state petitioner.
The case presents constitutional issues because Article I, § 8 of the Constitution grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This is commonly known as the Commerce Clause. As discussed by the Framers, the wording of the Commerce Clause implies that the States themselves cannot regulate other States. This idea was formalized in a series of opinions of Chief Justice John Marshall starting with Gibbons v. Ogden, 22 U.S. 1 (1824) and continuing through modern cases such as City of Philadelphia v. New Jersey 437 U.S. 617 (1978) and Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951).
Quite simply, the dormant commerce clause jurisprudence has concluded that facial discrimination, as alleged here, is almost per se unconstitutional unless the state has no other reasonable means. In no way does the law show incidental and purely local effects. We live not only increasingly interconnected, but also increasingly dependent. Commerce flows much more quickly across state lines than ever before. Virginia, it seems, is in for a reality check on how open we want society since Richard Nixon's shameful presidency.
Nair Law LLC uses all FOIA laws to cheaply, effectively, and consistently obtain information for our clients. We focus on all kinds of clients, especially public interest groups and individuals who have a need for public information.
Quite simply, the dormant commerce clause jurisprudence has concluded that facial discrimination, as alleged here, is almost per se unconstitutional unless the state has no other reasonable means. In no way does the law show incidental and purely local effects. We live not only increasingly interconnected, but also increasingly dependent. Commerce flows much more quickly across state lines than ever before. Virginia, it seems, is in for a reality check on how open we want society since Richard Nixon's shameful presidency.
Nair Law LLC uses all FOIA laws to cheaply, effectively, and consistently obtain information for our clients. We focus on all kinds of clients, especially public interest groups and individuals who have a need for public information.
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