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may not remember the original district court opinion in the Southern Wine and
Spirits challenge to the Missouri residency requirements for wholesaler’s
licenses. You can find it here. Briefly, Southern sued when Missouri denied
it a wholesaler’s license based on the Missouri statute requiring actual
Missouri residency (Southern’s officers are Florida residents).
district court granted judgment to Missouri, rejecting Southern’s claims that
the residency requirements of the Missouri statute violated the Commerce, Equal
Protection, and Privileges and Immunities clauses of the Constitution.
appealed and in a previous post we put up that brief for your review. The appellate briefing is finished and you
can find Missouri’s response brief here, and Southern’s Reply here.
interesting, are the multiple amicus briefs filed by farsighted parties who see
the implications to their own interests in this matter. So far, the who’s who of amici are (their
briefs are attached to the links):
American Beverage Licensees in support of Missouri;
Missouri Wine and Spirits Association in support of Missouri;
Missouri Beverage Co., in support of Southern;
Missouri and National Beer Wholesalers Associations in support of Southern; and
Attorneys General of Delaware, Nebraska, West Virginia, South Dakota,
Mississippi, Texas and Arkansas in favor of Missouri.
no telling when we’ll see an opinion from the 8th Circuit, but for
those interested in pursuing their scholarship of the Commerce and Equal
Protection clauses would be hard pressed to find better resources.