A petition for certiorari has recently been filed in the U.S. Supreme Court challenging the constitutionality of citizens-only restrictions in state Open Records and FOIA statutes under the Privileges and Immunities and dormant Commerce Clauses of the constitution. The specific case challenges Virginia's FOIA, which precludes non-Virginians from enjoying the same rights to public access of records afforded Virginians. A few years ago, the Third Circuit ruled that the identical providison of Delaware law is unconstitutional. The Fourth Circuit however took the opposite view in the case now pending before the Supreme Court.
The petition can be found here.