Ohio’s Hemp Law Runs Into the Dormant Commerce Clause: Federal Court Blocks Enforcement of S.B. 56 Against Hemp Companies
Ohio can regulate hemp. Ohio can regulate intoxicating cannabinoids. Ohio can decide that certain...
Category: Commerce Clause
The Sky Did Not Fall: Supreme Court Denies Cert in Day v. Henry and Chicago Wine v. Braun
The Supreme Court took a pass on retailer direct shipping. And with that, the...
The Sixth Circuit Finally Lets the Retailer DTC Plaintiffs Win — But Block v. Canepa Is Not the End of the Three-Tier System
Watch retailer direct-shipping litigation long enough and you start to recognize the rhythm. Out-of-state...
“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...
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...
