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

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

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

  The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges…Read More

Federal Court Rejects Challenge to Oklahoma Constitutional Amendment on Alcohol

Federal Judge Robin Cauthron today dismissed a challenge to the recently passed amendment to the Oklahoma Constitution relating to alcohol sales. Last year the voters in Oklahoma voted for historic changes to alcohol laws in the state with 65.6% in favor of the proposed changes. The plaintiffs, the Oklahoma Retail Association, had a competing initiative that did…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