The 7th Circuit held oral arguments on the Chicago Wine challenge to Indiana laws banning out of state retailers from shipping to Indiana residents. The link to the oral argument can be found here. Judge Easterbrook, Judge Kanne, and Judge Scudder served on this panel. Judge Easterbrook noted that there have been a bunch of…Read More
Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law
December 21, 2021 21st Amendment Alcohol Regulation Supreme Court
Supreme Court Declines to Review 8th Circuit Ruling for Missouri on Retail Shipping Case
October 12, 2021 21st Amendment Alcohol Regulation Supreme Court
The Supreme Court today issued its order list from its October 8 conference. The certiorari petition sought to have the court overturn the 8th Circuit decision upholding Missouri’s retail delivery laws. The 8th Circuit decision noting that the Missouri law does not violate the dormant Commerce Clause stands. Earlier this year the Court rejected a similar…Read More
Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws
April 27, 2021 21st Amendment Alcohol Regulation Equal Protection Supreme Court
The long running attempts by Wal-Mart to challenge Texas state alcohol laws via the federal court system are at an end. Recall that 5th Circuit had upheld the Texas laws and Wal-Mart appealed that to the United States Supreme Court. Earlier this year, the Supreme Court denied this request to hear the appeal so the…Read More
9th Circuit Affirms Dismissal of Out of State Importer Challenge to California Law
February 25, 2021 21st Amendment Alcohol Regulation Supreme Court
Well, that was quick. Two weeks after oral argument, the Ninth Circuit has affirmed the trial court and upheld the motion to dismiss filed by California in the dormant Commerce Clause challenge by a Florida importer to California’s law requiring retailers to source their alcohol from in state wholesalers. The opinion can be found here….Read More
Court Dismisses Retailer Challenge to Kentucky Law
February 16, 2021 21st Amendment Alcohol Regulation All Supreme Court
Judge Hale of the Western District of Kentucky dismissed a constitutional challenge by an out-of-state retailer to Kentucky laws as it sought to be able to ship alcohol to Kentucky residents from out of state retail locations. The Court granted the state’s motion to dismiss the dormant Commerce Clause and Privileges & Immunities challenges. The…Read More
