Category: Opinions

Texas challenge to out of state public corporation liquor license ban

Final briefs filed in 5th Circuit Texas ABC Challenge to Wal-Mart’s Commerce Clause win against prohibition of publicly traded corporations obtaining certain liquor licenses. (Bonus, we’ve got all the briefs for you.)

Back in November we wrote about the Texas Alcoholic Beverage Comission’s appeal challenging an important Texas Federal District Court win for Wal-Mart in another...

Wind discounted in sale stores no of value regulation violation

Authorities alleging “of value” violations over pricing discounts still need to show discount threatens retailer independence and risks “tied-house” integration

You may want to think twice before just accepting a regulator’s assertion that a pricing program violates an “of-value” statute. Consider, for instance, the...


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...

Sans Culottes - Alcohol beverage labels that were subject of First Amendment Challenge

Are portions of the Federal Regulations and the Federal Alcohol Administration Act governing alcohol labeling and advertising FUCT?

The Supreme Court just granted cert in the Patent and Trademark Office’s appeal of In re Brunetti, 877 F.3d 1330 (Fed. Circ. 2017). It’s...

Photo from SAV-MOR Liquors Facebook Page of their sign - Medford Sav-Mor Liquors is at 2153 Mystic Valley Parkway.

ACLU files brief against Missouri’s unconstitutional alcohol advertising laws – here are the briefs in the important Missouri Broadcasters First Amendment alcohol advertising 8th Circuit appeal

The state filed the final reply brief yesterday (links to all the briefs below). For those of you looking for a quick refresher (on...