The Third Circuit Court is hearing a case that will determine whether a portion of Delaware’s public records act is constitutional. Delaware is one of only 10 states, according to a New York Times article, that bars nonresidents from obtaining state public records.
Federal Court District Judge Farnam had previously ruled in favor of the plaintiff, Matthew Lee, a New York resident who had sought Delaware records from that state’s Attorney General.
Judge Farnan said that the Delaware law abridged Mr. Lee’s right to “engage in the political process” and violated the constitutional guarantee that each state’s citizens are entitled to the same privileges and immunities as those of other states.
The Third Circuit upheld the lower court’s ruling.