Updated: Oral Argument Transcript. It’s Byrd Day – 100 years to the day after the ratification of the 18th Amendment. Check back for oral argument transcripts this afternoon.

Exactly 100 years after the ratification of the 18th Amendment and one day before the 99th anniversary of the enactment of prohibition, the United States Supreme Court is hearing oral argument in an important liquor case today. The case involves the dormant commerce clause challenge to a state law requiring in-state residency for a retail liquor license, but the broader policy questions concern whether the dormant commerce clause arguments advanced in Granholm apply to other tiers of the three-tiered system, thereby potentially opening protectionist state alcohol markets to out-of-state players.

For those of you who’ve missed it, we’ve covered the decision, rulings, and posted the important briefs for Byrd v. Tennessee (now styled Tennessee Retailers v. Blair by SCOTUS) here, here, here, here, here, and here.

Check back here later this afternoon as we’ll be posting the transcript from the oral argument as well as any other interesting tidbits we’re able to gather today. Audio of the oral argument will be available in accordance with the United States’ Supreme Court’s regular release of oral arguments on the Friday of the week in which they occur – so we’ll post that in a separate update on Friday when it comes out.


You can hear Nina Totenberg’s piece on it from NPR here.

The Court has posted the Oral Argument Transcript. You can download it here, and we’ve embedded it below.



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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2 Responses

  1. January 18, 2019

    […] You can find the full written transcript in our post on the case from Wednesday here. […]

  2. February 7, 2019

    […] those familiar with the briefs in the Supreme Court and 6th Circuit Byrd/Tennessee matters, many of the arguments will seem familiar. There are a few standouts, one decent argument made by […]

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