Judge Ebinger of the Central District in Iowa has ruled on summary judgement motions before her. In her decision, she ruled for an out of state winery’s dormant Commerce Clause challenge to one Iowa law (123.173(2)) that allows Iowa wineries to also be a wholesaler but the judge also ruled for the state against challenges…Read More
Iowa District Court Strikes In Part/ Upholds In Part Law Allowing Iowa Wineries to Self-Distribute
October 25, 2024 All
Oral Argument Held in Ninth Circuit on Appeal by Wine Aficionados Challenging Arizona Retail Shipping Laws
October 25, 2024 All
On August 22, 2024, a panel of the Ninth Circuit comprised of Judges Bade, Forrest, and Smith heard oral arguments on the appeal of the district court’s decision upholding Arizona’s retail laws banning out of state retail sales. Like the recently argued case in the Third Circuit, these judges noted the same problems that caused…Read More
Oral Argument Held by 3rd Circuit on Out-of-State Retailer Challenge to NJ Retailer Law
October 25, 2024 21st Amendment All
The Third Circuit held oral arguments on September 17th on the out of state retailer appeal of their district court loss on their dormant Commerce Clause challenge to the law that restricts out of state retailers from shipping to New Jersey consumers. Most of the case centered around the odd posture of the case and…Read More
Massachusetts Supreme Judicial Court Rejects Constitutional Challenge to State Franchise Law
August 13, 2024 All
The highest court in Massachusetts has ruled against a challenge to the commonwealth’s franchise law by an out of state importer. The importer was terminated by its supplier and it sought protection under the Massachusetts franchise law. However, importers are defined under section 18B of the MA code while wholesalers are under a different part…Read More
Texas District Court Strikes Down Federal Regulation on Home Distilling
July 12, 2024 All
I learn something new every day. Apparently, when Congress passed the law (26 USC 5178(a)(1)(B)) to prohibit home distilling in 1868 they violated their authority under the Taxing Clause and the Commerce Clause of the United States Constitution. At least that is what a district court in Texas has just found in striking the law…Read More
