This state court action arose out of an auto accident, allegedly caused by the county’s negligent maintenance of an intersection. Plaintiff sought discovery of accident reports and other documents relating to safety history of the site. Defendants argued that the documents were protected by 23 U.S.C. § 409, which provides that documents compiled or collected in connection with an application for federal highway funds to improve safety at a site are not discoverable or admissible in an action for damages arising out of an accident at the site.

Supreme Court of Washington held the statute conflicted with state law mandating disclosure of government documents and violated the Tenth Amendment. The Supreme Court granted certiorari.

AAJ’s amicus brief contends that § 409 exceeds the constitutional authority of Congress. The statute was not a valid exercise of Congress’ power to attach conditions on the use of federal funds under the Spending Clause. Because it purports to regulate state courts, rather than commercial activity, it was not a valid exercise of Commerce Clause power. Nor does it fall within Congress’ authority to preempt state law under the Supremacy Clause. The Court heard oral arguments on November 4, 2002.