“Unquestionably Legitimate” and Day v. Henry: Will the Supreme Court Finally Clarify Retailer Direct-to-Consumer Shipping After Tennessee Wine?
The dicta that ate the doctrine Watch modern alcohol-case briefing for five minutes and...
Category: Commerce Clause
Illinois Federal Court Upholds Three-Tier System Against Out-of-State Retailer Shipping Challenge
The Northern District of Illinois has weighed in on the ongoing national fight over...
Ninth Circuit’s Amended Wine Shipping Opinion: Discrimination? Irrelevant.
Earlier this year, we wrote that the Ninth Circuit’s original decision in Day v....
Second Circuit Brings State-Tied Restorative Justice Licensing Under Constitutional Scrutiny
New York’s attempt to bake “home field advantage” into its cannabis licensing process just...
Maryland’s Direct Beer Shipping Case Puts Granholm-Type Manufacturer Issue on Trial
A Manufacturer’s Fight, Not a Retailer’s On August 4, 2025, the U.S. District Court...
Seventh Circuit Uncorks Dual Rationales in Chicago Wine v. Braun, Affirms State’s Direct Shipping Ban
A Decision Long in the Cellar On August 5, 2025—nearly four years after oral...
Standing Still: California Wine Law Challenge Falls on Procedural Grounds, Not the Dormant Commerce Clause
The federal court decision in Dwinell, LLC v. McCullough, No. 2:23-cv-10029-SB-KES (C.D. Cal. Apr....
Washington Court Tries to Sidestep Granholm in Out-of-State Distiller Fight
In an opinion that will likely not stand for long, the U.S. District Court...
The Echo of Brandeis in the Age of Tennessee Wine: Jean-Paul Wegg and the Limits of State Power under the 21st Amendment
Justice Brandeis, writing for the Supreme Court in State Board of Equalization v. Young’s...
Ohio’s Wine Shipping Battle: Block v. Canepa – A Final Blow in the District Court
Another federal court has weighed in on the ongoing war over direct-to-consumer wine shipping,...
The 9th Circuit’s Decision in Day v. Henry: Another Step in the Developing Dormant Commerce Clause and 21st Amendment Jurisprudence
If you’ve been following along with dormant Commerce Clause litigation in the alcohol space,...
Breaking Down the Dormant Commerce Clause Case Against Unevenly Applied Rights Between In-State and Out-of-State Manufacturers: Buckel Family Wine v. Mosiman
In a decision from the United States District Court for the Southern District of...
