Pierce County v. Guillen
November 4, 2002 (01-1229)
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Case Summary
Respondent Guillen filed a complaint under the Public Disclosure Act ("PDA") seeking access to historical accident reports and other information held by county agencies that related to the traffic intersection where his wife was killed in an automobile ac cident. Respondent also brought tort claims against Petitioner Pierce County for negligently failing to install proper traffic controls at the intersection. Petitioner argued that the accident reports and related materials were privileged under 23 U.S.C . 409, which protects certain documents "compiled or collected" in connection with federal highway safety programs. The Supreme Court of Washington held 23 U.S.C. 409 to be an invalid exercise of Congress's authority under the Spending, Commerce, and Necessary and Proper Clauses of the Constitution and that it unconstitutionally infringed upon states' rights as guaranteed by the Tenth Amendment. The opinion of the Supreme Court of Washington is found at 144 Wash. 2d 696, 31 P.3d 628.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
8-1 to Reverse 9-0 to Reverse 9-0 to Affirm 9-0 to Reverse 9-0 to Reverse
VOTING TO REVERSE
Rehnquist
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
VOTING TO AFFIRM
Stevens Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
 

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