Supreme Court denies cert in the Walmart liquor retailer case

Today the U.S. Supreme Court issued an order denying cert in the Walmart Stores Inc, v. TABC, case dealing with a Texas law, which bans public corporations from owning a liquor license.

Walmart challenged this law on Commerce Clause grounds taking the position that the law resulted in 98% of all liquor licenses being held by Texas residents. Walmart argued that this high interstate ownership percentage resulted in a discriminatory effect on interstate commerce.

There is one more liquor case still outstanding, Lebamoff v. Whitmer, which deals with Michigan’s discriminatory wine retailer shipping case. We should know in the next month whether the Supreme Court grants cert in that case.