With the wine retailer shipping cases coming to different results and the 6th Circuit seemingly splitting itself into two sides on this same issue, the issue of whether the 21st Amendment or the Commerce Clause reigns supreme has become hotly contested.
If politics and marriage makes strange bedfellows, then people that think alike on liquor issues […]
Two recent decisions on wine retailer shipping cases out of Arizona ( Arizona Decision) and New Jersey (NJ Decision) federal courts show how judges are misunderstanding the issues and flat out getting it wrong.
In Arizona much of the decision was based on the judge’s conclusion that siding with the retailer would “require complete […]
Roughly around 1637 Rene Descartes espoused the philosophical maxim, “I think; therefore I am.” Mr. Descartes’ first principle of philosophy was a principle of certainty. Pursuant to this principle, he could not doubt that he existed. Not bad that he had found certainty in his first philosophical principle.
Three-hundred and eighty-six years later, the liquor world […]
On July 26, 2023 arguments took place in Anvar v. Dwyer, which challenged Rhode Island’s law, which only allows their in-state retailers to deliver wine to Rhode Island consumers, but denies this same privilege to out-of-state wine retailers. Along with this facially discriminatory law, there was a discriminatory in effect Commerce Clause challenge to the […]
I am shocked and saddened to hear of Rocky Wirtz’s passing, a true gentleman and a great person. As a state regulator I had numerous meetings with Rocky Wirtz and his leadership team. He was always fair, honest, and treated you with the greatest respect.
As a big Blackhawks fan, I thank him for building back […]
The TTB entered into a public comment period seeking recommendations from industry members on potential reforms and updates to the TTB’s trade practice policies. The TTB’s opening of comments to the Trade Practice Policies reflects a more active role in the federal government shaping the alcohol industry. In the recent past the U.S Treasury drafted […]
Happy to announce that I contributed to the iconic wine publication, Wine Spectator, discussing the 6th Circuit’s recent decision in Block v. Canepa, which reversed and remanded a decision upholding Ohio’s discriminatory wine retailer shipping law.
Also, I contributed to a BevNet piece on Tennessee filing a 21st Amendment Enforcement Act case against out-of-state shipper.
Important factors
Before going into a summary of the legal decision, I wanted to provide some major points on why this decision, Block v. Canepa, is of paramount importance.
The first post Tennessee Wine decision on wine retailer shipping was Lebamoff v. Whitmer, where the Sixth Circuit found Michigan’s discriminatory wine retailer shipping […]
Great discussing issues surrounding Blue Cloud’s fight against the state regulatory system and my view of things. Pluribus covers state legislatures and state-level policy throughout the country.
The Sixth Circuit reversed (Block v. Canepa) a decision from an Ohio Federal District Court upholding Ohio’s discriminatory wine retailer shipping law. The Sixth Circuit held that the case needs to be remanded back to the district court for further proceedings and that the District Court failed to consider the evidence provided by the […]