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Pierce County v. Guillen November 4, 2002 (01-1229) return to case listing 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   return to case listing