The Supreme Court issued orders this morning from its recent conference and has denied a review of the 2nd Circuit’s decision upholding Connecticut’s alcohol pricing regulations from attack by Total Wine. This resolves the most high profile antitrust challenge to state alcohol laws currently in the court system. The Supreme Court’s order can be found…Read More
The United States Supreme Court Denies Total Wine’s Request for Certiorari on Challenge to Connecticut’s Alcohol Pricing Regulations
April 6, 2020 21st Amendment Alcohol Regulation Antitrust Preemption Supreme Court
8th Circuit Upholds Striking Of Missouri Tied House Law and Advertising Regulation as Violation of First Amendment
January 8, 2020 21st Amendment Alcohol Regulation Supreme Court
In a relatively short decision, the 8th Circuit upheld the district court decision striking a Missouri statute and two regulations related to advertising the prices of alcohol. The fourteen page opinion was written by Circuit Judge Jane Kelly. She agreed with the district court that the state of Missouri had not proven its case for…Read More
A Reflection on the 21st Amendment views of Justice Stevens
July 29, 2019 21st Amendment Guest Columns Supreme Court
This month our nation lost a patriot who served our nation with great distinction when retired Supreme Court Justice John Paul Stevens died at the age of 99. Justice Stevens was a brilliant man of many experiences; Navy seaman, World War Two veteran, antitrust lawyer, and eventually the third longest serving Supreme Court Justice. While…Read More
United States Supreme Court Upholds 6th Circuit and Strikes Tennessee’s Retail Residency Case
June 26, 2019 21st Amendment Alcohol Regulation All Supreme Court
Reinforcing the law school adage of “bad facts make bad law,” the U.S. Supreme Court upheld the 6th Circuit decision that struck down Tennessee state law that imposes a durational residency requirement for establishing and renewing a retail liquor license. Justice Alito wrote the majority opinion in the 7-2 decision, while Justice Gorsuch authored the…Read More
Recent Deaths in Dominican Republic Underscore the Need to Maintain a Strong, Closed Alcohol Regulation and Distribution System
June 21, 2019 21st Amendment Alcohol Regulation All Guest Columns Supreme Court
The news this month has been filled with news reports of the tragic deaths of 11 Americans while vacationing in the Dominican Republic. Much of the media attention on these deaths have centered on the possible consumption of poisonous/tainted alcohol by the victims. While more study is being done and the FBI is now involved,…Read More
