Three-Tier System and State Authority to Regulate Alcohol are Supported by Twenty-First Amendment and Prior Supreme Court Cases, WSWA Notes in Amicus Filing
Association Files Brief in Tennessee Wine & Spirits Retailers Association v. Clayton Byrd, Et Al.
(WASHINGTON, D.C.) – The U.S. Supreme Court has long-upheld that the Twenty-first Amendment provides […]
The conventional wisdom is that the Tennessee Wine and Spirits Retailers Association v. Byrd (Byrd) case would decide the most important constitutional issue facing the liquor world, whether Granholm extends to retailers.
The U.S. Supreme Court granted cert and should decide whether out-of-state retailers can ship into a state, or whether the states have complete power […]
Lebamoff, an Indiana retailer, sued the State of Michigan because it could not obtain a license to sell and ship its products from Indiana to Michigan customers. Michigan develop a license, a Specially Designed Merchant License (“SDM”), which allowed a license holder to deliver directly to Michigan consumers using a common-carrier, their own vehicles, or […]
In a decision by a Michigan Federal District Court in Lebamoff, the Court ruled against Michigan’s statute that banned out-of-state retailers from shipping wine to in-state consumers.
The big issue the court decided was whether discrimination against interstate commerce on the retail tier as opposed to the producer tier is forbidden by the Commerce Clause or […]
Here is an explanation on my adventures with the United States Supreme Court yesterday. I posted yesterday around 1:30pm that the court granted cert in the Byrd v. Tennessee Wine & Spirits Retailers case. Around 2:30pm I had to repost on my blog that the link to the page that granted cert disappeared, mysteriously. Here […]
Earlier today the Supreme Court posted on their website that they granted to Cert to hear the Byrd v. Tennessee Wine & Spirits Retailers case. This case has huge implications on the liquor as the Supreme Court could be deciding whether Granholm extends to retailers or whether it is limited to manufacturers.
Even though two other sources, […]
In a potentially groundbreaking case a federal district overturned a state’s regulations and statute that restricted alcohol advertising practices. The case’s potential importance is that it made the decision without considering the effects of the 21st Amendment. Secondly, the Court noted that the […]
This summary does not reflect my personal viewpoint but merely predicts what I think will occur based on the oral argument before the 7th Circuit.
Prediction
The 7th Circuit Court of Appeals will not let stand the District Court’s ruling granting summary judgment in favor of Illinois. Ironically, if they remand the case, the original judge retired, […]