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,...
Category: Commerce Clause
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...
Case involving alcohol law allowing in-state distilleries shipping direct to citizens and prohibiting out-of-state distilleries from doing the same allowed to proceed after direct comparison to Granholm.
In a classic Granholm v. Heald situation involving a lack of parity between in-state...
Court finds statute barring retailer warehouse storage out of jurisdiction of alcoholic beverage control authority does not violate Dormant Commerce Clause. Finally, a Tennessee Wine case that is NOT about direct wine shipping.
We will look back to find that the greatest result of Tennessee Wine’s “test”...
The Tennessee Wine Test? 6th Circuit falls in line with requiring evidence of out-of-state alcohol shipping restriction’s health and safety benefits in order to surmount a Dormant Commerce Clause challenge. The State says it wants to take the matter to the Supreme Court.
“However, the Court in Lebamoff did not hold that direct ship restrictions are always...
1st Circuit closes ranks with those Circuits reading Tennessee Wine as requiring States prove alcohol laws discriminating against out-of-state interests affect health or safety goals or other legitimate interests
The Circuits are by and large falling into line regarding the implications and procedures...
6th Circuit hears oral argument in Ohio wine shipping case. Questions regarding implementing an out-of-state license and the evidentiary basis for factual assertions regarding public health and safety justifications for shipping prohibitions predominate.
The appeal results from a challenge in Ohio. An out-of-state wine retailer and an...
Petition for SCOTUS review filed in North Carolina alcohol shipping case (the one with the great dissent from Judge Wilkinson).
You’ll recall our coverage of the cogent dissent that Judge Wilkinson penned in B-21...
In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.
Judge Friendly often proved the power of an articulate and well-reasoned dissent. His dissents...
In denying out-of-state retailers the right to ship to Missouri residents, 8th Circuit questions whether Courts should allow dormant Commerce Clause challengers to put on evidence.
One of the recent in the battle over out-of-state retailer shipping: Sarasota Wine Market...
SCOTUS denies Cert. in Lebamoff 6th-Circuit wine retailer shipping case.
This morning, the United States Supreme Court denied the petition for certiorari filed by...
States’ measures to favor in-state residents in cannabis licensing are the new Commerce Clause battleground.
Back in May of this year the Commerce Clause provided a substantial victory for...
