“Amazon of liquor” looms as 6th Circuit hears argument for important alcohol retail shipping Commerce Clause challenge. Out-of-state retailers demand the same shipping privileges as those in-state. Bonus: We’ve got the audio for you.

Today is Lebamoff Day at the 6th Circuit. The first of the cases currently pending in several circuits brought by out-of-state retailers looking to sell and ship alcoholic beverages to other states’ residents arguing that where states allow their in-state retailers to sell wine, beer, and spirits online and ship or deliver them to residents it is a Commerce Clause violation to not have a mechanism for out-of-state retailers to do the same. This case is about Michigan doing this.

In the 6th Circuit, the plaintiffs filed in Michigan and the federal court, Judge Tarnow, agreed with them – that Michigan’s unequal treatment between in-state and out-of-state alcoholic liquor retailers when it came to the privilege of selling and shipping alcohol to Michigan residents violated the Commerce Clause. The court stayed the order in the plaintiffs’ favor pending appeal to the 6th Circuit. 

The parties have filed their briefs and today was the oral argument.

Here is a the oral argument audio:


And here is a link to audio on this important wine, beer, and spirits shipping case.

If you’re looking for more information on this important alcohol shipping case, you can read our posts on it:

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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