Interesting Article Noting the Additional Drivers of Prohibition Beyond Religion

Villanova Professor Mark Schrad has penned a very interesting article in the Washington Post discussing the forces behind the passage of Prohibition 100 years ago. Modern conventional wisdom wrongly attributes passage of the 18th Amendment in 1918 to a moralistic and religious fervor, however, the real reasons were much more nuanced and widespread than religion and the coalitions that brought…Read More

7th Circuit Upholds Indiana Law Restricting Different Types of Wholesaler Licenses

The 7th Circuit rejected an Equal Protection claim by a beer wholesaler prohibited from seeking a liquor wholesaler permit. In an opinion by Circuit Judge Sykes the 7th Circuit upheld the district court decision to reject the plaintiff’s claim. The court first noted, “We are again asked to decide whether an aspect of Indiana’s alcohol regulation system violates the Equal…Read More

En Banc Panel Upholds California Tied House Law Against First Amendment Challenge

In a 10-1 decision, an en banc panel of the 9th Circuit overruled a previous three judge decision of the Ninth Circuit and reinstated a district court decision that upheld a California alcohol law regulating the payment between suppliers/wholesalers and retailers. In the opinion authored by Judge Paez the opinion noted that the Supreme Court’s Central Hudson…Read More

8th Circuit Reverses Win for Missouri on Alcohol Advertising

The 8th Circuit has ruled that a district court was wrong to grant a 12(b)(6) motion to dismiss brought by Missouri against a complaint by the Missouri Broadcasters Association. The District Court opinion is here. The Missouri Broadcasters brought a challenge to three provisions of the Missouri alcohol code. The challenged provisions were laws that prohibit…Read More

Key Provisions of the Justice Department’s Consent Order With ABInBev and SABMiller

Guest Column by Paul Pisano, NBWA The Department of Justice (DOJ) has proposed a Final Judgment approving a settlement (Proposed Final Judgment or PFJ) between the DOJ, ABInBev (ABI) and SABMiller (SAB), which allowed the parties to consummate the largest beer industry merger in history. While the deal is already closed, the settlement agreement has…Read More