Irish Liquor Lawyer writes an amicus brief in support of the National Association of Wine Retailer’s position that the Supreme Court should grant cert in Sarasota Wine Market v. Schmitt, an Eighth Circuit decision which upheld a lower court decision affirming Missouri’s discriminatory wine shipping law as Constitutional.
The Eighth Circuit held that because Missouri’s law protects an essential element of the three-tier system that a Commerce Clause analysis was precluded.
The amicus brief attacks the Eighth Circuit’s view on what constitutes an essential element of the three-tier system. Under the Eight Circuit’s opinion requiring a retailer maintain physical presence and residency in a state and purchase product from the three-tier system constitutes an essential element of the three-tier system.
This view does not comport with Tennessee Wine, Granholm and other Supreme Court Commerce Clause/21st Amendment precedents.
A full analysis will be coming soon!