Supreme Court Clarifies Warrants Needed for Blood Tests in DUI Cases.

The Supreme Court issued a 8-1  decision in Missouri v. McNeely holding that police officers cannot routinely conduct warrantless blood-alcohol tests.   A warrant requirement “must be determined case by case based on the totality of the circumstances.”   The court affirmed that this case derived from a routine DWI stop that presented no exigent circumstances other…Read More

Oral Argument Held in 8th Circuit Challenge By Southern Wine & Spirits

Today the 8th Circuit held oral arguments on Southern Wine & Spirits appeal of the district court’s ruling in favor of Missouri regarding their wholesaler licensing law.   The history of the case and briefing is provided at length below.    Sitting on today’s panel were 8th Circuit Judges Colloton and Shepherd as well as Iowa District…Read More

5th Annual Center for Alcohol Policy Legal Symposium to Be Held In Dallas September 9th thru 11th

The 5th annual Alcohol Law Symposium will be held September 9-11 in Dallas, Texas.  The program begins with a reception on Sunday evening the 9th, runs all day on Monday, and concludes around 12:30 on Tuesday the 11th.  This annual event brings together some of the most interesting alcohol stakeholders in the country – including state…Read More

United States Supreme Court Denies Cert in Dormant Commerce Clause Challenge in Ohio

The Supreme Court today denied the cert petition.  End of this story. (earlier post–  Solicitor General Recommends SCOTUS to Not Take Ohio Case) The Solicitor General of the United States has weighed in with a brief recommending that the Supreme Court not take the dormant Commerce Clause challenge to the ruling by the Ohio Supreme Court…Read More

US Airways Case Dismissed

Well this case went out with a whimper.  After being remanded to the district court  by the 10th Circuit and having a trial date set for this April,  the parties in the US Airways lawsuit against New Mexico dismissed this case without prejudice.  Recall this case was challenge by US Airways to the propriety of New Mexico alcohol…Read More