Liquor Panel on the Future of the 21st Amendment

I am moderating a panel with Professor Alex Tanford and the Solicitor General of Ohio Ben Flowers on the future of the 21st Amendment. It is rare to have two such highly esteemed legal minds discussing liquor issues.

Don’t miss this great panel: The Future of the 21st Amendment will be shaped by great legal minds like Professor Tanford and Ben Flowers, do not miss the opportunity to hear them speak on this important issue.

Alex Tanford, a Professor of Constitutional Law at the University of Indiana, was involved in the Granholm decision which made it unconstitutional for states to prohibit out-of-state wine producers from shipping into the state.

Presently, he is suing 6 states and attempting to overturn their bans on out-of-state retail shipping.

Professor Tanford is constantly attacking the constitutional basis for the 21st Amendment.

Ben Flowers-The Solicitor General of Ohio, was involved in writing the brief for the Tennessee Wine Retailers Association in the U.S. Supreme Court case, Tennessee Wine Retailers Association v. Thomas. 

Ben was a U.S. Supreme Court clerk for Justice Antonin Scalia.

Ben supports Ohio’s right to regulate liquor within its borders pursuant to the powers granted by the 21st Amendment

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1 thought on “Liquor Panel on the Future of the 21st Amendment”

  1. Instead of comments, and perhaps both panelists and moderator know this, I want to cite the House Representatives in Congress themselves:

    The federal government has jurisdiction, through enforcement of the Federal Alcohol Administration Act (27 U.S.C. Sec. 201 et seq.), to revoke the licenses of alcohol producers who are violating state direct
    shipment laws. The TTB is responsible for administering and enforcing
    the provisions of the FAA Act. The FAA Act requires a basic permit for
    those engaging in the business of importing distilled spirits, wine or malt beverages; the business of distilling spirits or producing wine; or the business of purchasing for resale at wholesale distilled spirits, wine, or malt beverages. 27 U.S.C. Sec. 203.

    Retailers are not required to have a basic permit.

    These permits are conditioned upon compliance with the Twenty-First Amendment. 27 U.S.C. Sec. 204(d). A violation of the Twenty-First Amendment, or the Webb-Kenyon Act (i.e., a violation of a state law regulating the importation or transportation of any intoxicating liquor), is grounds for the TTB to suspend or revoke the basic permit. 27 U.S.C. Sec. 204(e).

    As we can see, there are no grounds to enforce Twenty-First Amendment against retailers who do not possess basic permit.

    The rest purpose of this panel is just a business, right?

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