Supreme Court Delays Decision on Federal Home Distilling Ban

Today, the Supreme Court announced a series of orders related to cases that they will and will not consider. They also pushed back decisions on a few cases. The decision on the federal home distilling ban was pushed back to the next Supreme Court conference on October 16. If a decision is reached at that…Read More

Supreme Court Declines to Hear Ohio’s Retailer Shipping Case

The Supreme Court issued an order denying certiorari in the appeal by Ohio on the retailer dormant Commerce Clause case.   As a result, the 6th Circuit decision will stand.   So for now, Ohio is barred from enforcing its retail shipping law despite the fact that similar retailer shipping laws have been upheld by the 6th…Read More

Happy Constitution Day! Celebrating Our Constitution of Alcohol Regulation

Today’s guest column is brought to you by Brannon P. Denning, the Starnes Professor Law at Cumberland School of Law in Birmingham, Alabama to celebrate Constitution Day on September 17th. Professor Denning is also a member of the Advisory Council to the Center for Alcohol Policy. Celebrating our Constitution of Alcohol Regulation             Constitution Day…Read More

United States Supreme Court Denies Review of 7th and 9th Circuit Alcohol Retail Shipping Cases

The Supreme Court released its order list today on petitions of certiorari before them. Along with denials of another 150 cases, the Supreme Court denied the petitions in the 7th Circuit case out of Indiana and the 9th Circuit case out of Arizona. These cases were dormant Commerce Clause challenges to state alcohol laws that…Read More

7th Circuit Denies En Banc Rehearing on Ruling Favoring Indiana Retail Shipping Laws

No judges on the 7th Circuit are interested in rehearing the decision upholding the Indiana alcohol law relating to out of state retailers.  And the two judges that ruled for Indiana do not want a rehearing.  The court issued an order today noting: Plaintiffs-Appellants filed a petition for rehearing and rehearing en banc on August…Read More