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 Shipping Lawsuit Filed in California

A new lawsuit was filed in California by the same law firm that has brought pending challenges in Illinois and Michigan.  Their Missouri challenge was dismissed just last week. The California lawsuit was filed in federal court in the Eastern District of California. The Complaint on behalf of Orion Wine Imports and an owner of the company claims…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

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