Wal-Mart’s victory in Texas Retail Case Heading to the 5th Circuit

The retailers in the Wal-Mart litigation have appealed Judge Pittman’s decision to the 5th Circuit.   Wal-Mart has cross appealed the portions of the dormant Commerce Clause claims they were unsuccessful in pursuing so both Equal Protection and dormant Commerce Clause issues will be before the 5th Circuit on appeal.   Briefing by the parties are due by the…Read More

Minnesota’s 51% Grape Law Heading to 8th Circuit

The winery that lost the challenge to Minnesota’s grape law has filed an appeal to the 8th Circuit.  Briefing has been done and amicus briefs have been filed by local cider makers and the Institute of Justice.   The State’s brief has concentrated on the standing challenges that the district court found persuasive.  A date for oral argument…Read More

Missouri Appeals First Amendment Case to the 8th Circuit

The state of Missouri has appealed the district court decision to the 8th Circuit.  Their first brief will be due September 18th unless an extension is granted. (previous post) Missouri Alcohol Advertising Laws Struck Down After Trial While on vacation I neglected to post this update on the Missouri Broadcaster lawsuit against certain advertising laws in…Read More

New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

New Study Measures Effectiveness of Various State Alcohol Polices on Preventing Adult Binge Drinking

A new study has been published comparing certain state alcohol polices and ranking their effectiveness in fighting adult binge drinking. The study published in the American Journal of Preventative Medicine, “A New Scale of the U.S. Alcohol Policy Environment and Its Relationship to Binge Drinking” seeks to develop a scale, the Alcohol Policy Scale (APS),…Read More