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
Tennessee Is Latest State to Use 21st Amendment Enforcement Act to Try to Rein in Illegal Alcohol Shipping
May 30, 2024 All
The state of Tennessee has reached a consent order with five out of state alcohol vendors who were illegally shipping alcohol into the state of Tennessee. These five companies paid fines totaling over $50,000. As part of investigations, the Tennessee Alcoholic Beverage Commission purchased alcohol from each of the companies. Despite being warned that these…Read More
Direct Shipping Proponents Once Again Seek to Misstate Support of National Conference of State Legislatures For Model Alcohol Shipping Bill. NCSL Issues Another Clarifying Statement.
March 13, 2024 All
The National Conference of State Legislatures (NCSL) is an organization based in Colorado representing the interests of state legislators and staff. It provides research to state legislatures and represents their interests in various government bodies. Included in its mission is an emphasis “specially in support of state sovereignty and state flexibility and protection from unfunded federal…Read More
What Are Your Plans to Celebrate the Passage of the 21st Amendment? I Am Looking Forward to an Interesting Webinar on the 90th Anniversary of the 21st Amendment (and Toward Liquor Control)
December 4, 2023 All
Some people use December 5 to celebrate half of the 21st Amendment – section one which is the repeal of the 18th Amendment. I on the other hand join those in the know to celebrate the entire 21st Amendment. Specifically, section 2 and its statement putting states in charge of alcohol policy in the United…Read More
First Circuit Affirms In Part, Sends Back for More Evidence in Rhode Island Retail Direct Shipping Challenge
September 10, 2023 21st Amendment All Supreme Court
The First Circuit ruled on the appeal of a challenge to Rhode Island retail shipping laws. The opinion was authored by Circuit Judge Selya and affirms part of the state win below, but also sends back for additional fact-finding on several parts of the challenged statutes. The First Circuit upheld the district court’s ruling upholding…Read More
