Ohio Wine Shipping Case: Circuit Split or Sour Grapes?
There is an old move in appellate practice: when the facts do not go...
Tagged: Dormant Commerce Clause
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...
Maryland’s Beer Delivery Case Shows Why “Employee Delivery” May Not Save Discriminatory Alcohol Shipping Laws
States defending local alcohol privileges often try to draft around the dormant Commerce Clause...
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...
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...
