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

Federal Court Upholds Illinois Law Banning Out of State Retailer Shipping

Judge Samuel Der-Yeghiayan sitting in the Northern District of Illinois rejected the complaints of an Indiana retailer and Illinois resident claiming Illinois law requiring customers receive their wine through Illinois retailers violated the Dormant Commerce Clause and the Privileges and Immunities clause of the Constitution. In a crisp 9 page opinion, the court noted that…Read More

Supreme Court Rules on Drunk Driving Enforcement Issues

The Supreme Court has ruled that warrantless breath tests are constitutionally proper but warrantless blood tests are not. In Birchfield v. North Dakota the Supreme Court reviewed cases from North Dakota and Minnesota relating to refusals to take a breathalyzer test (ND) and blood test (MN). In the opinion, Justice Alito noted, “The impact of…Read More

Center for Alcohol Policy’s Law and Policy Conference set for September 10 and 11, 2015 in Chicago.

The Center for Alcohol Policy (CAP) Eighth Annual Alcohol Law and Policy Conference will be held September 9-11, 2015, at the Hyatt Chicago Magnificent Mile in Chicago, Illinois. The conference starts with an informal evening reception on the 9th.  The conference will take place all day the 10th and conclude at noon on the 11th….Read More

State of Missouri Wins Challenge to State Alcohol Laws at 8th Circuit.

Today the 8th Circuit released its judgment and opinion in the Southern Wine and Spirits challenge to Missouri’s alcohol code.    In its opinion, the court upheld the decision of district court Judge Nanette K. Laughrey.   The 8th Circuit dismissed the Commerce Clause and Equal Protection challenges to Missouri law.   The 8th Circuit joins the 2nd, 4th…Read More