The court also upheld that the Virginia Freedom of Information Act does not violate the Dormant Commerce Clause of the United States Constitution.

To ascertain the reason for the agency's delay, McBurney filed a request under the Virginia Freedom of Information Act seeking "all emails, notes, files, memos, reports, letters, policies, opinions" pertaining to his family, along with all documents "regarding [his] application for child support: and all documents pertaining to the handling of child support claims like his.

In 2008, Hurlbert was hired by a land/title company to obtain real estate tax records for properties in Henrico County, Virginia.

The Virginia act provides that "all public records shall be open to inspection and copying by any citizens of the Commonwealth", but it grants no such right to non-Virginians.

"Petitioners, who are citizens of other States, unsuccessfully sought information under the Act and then brought this constitutional challenge.

"[1] Justice Thomas while concurring with the opinion of the court, specifically criticizes the relevance of the Dormant Commerce Clause in the US Constitution stating "The 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."