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).