Initial brief filed with SCOTUS in Byrd v. Tennessee

The Tennessee Wine and Spirits Retailers Association – the association of in-state retailers that are looking to have the Tennessee residency requirements for retailers upheld – filed their initial brief in the Byrd case.

You can read the brief here. The arguments are similar to those raised in the Sixth Circuit, but offer a more nuanced argument about the authorities and history of prohibition and alcohol regulation looking to have SCOTUS make a distinction between Granholm and the reach of the Dormant Commerce Clause and the position and services of retailers in the States. The argument is tailored to constrain the issues and keep the Court from going beyond just assessing whether a two-year durational residency requirement is constitutional. If the Court takes the bait, then those looking for broader language on a fundamental question of out-of-state shipments to in-state residents – retail sales by mail – may have to wait for another case to have their day.

There’s also a wonderful joint appendix filled with much of the supporting documentation and material that led to the Sixth Circuit decision (here’s a link to that) as well as a letter from the State of Tennessee acknowledging that the Retailers Association is carrying its water on this one (here).

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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