Great to contribute to Blake Gray’s piece on Ohio’s decision to request a stay on the 6th Circuit’s mandate, so they can file a cert petition at the U.S. Supreme Court challenging the 6th Circuit’s decision. Ironically, Ohio’s position is inline with my position, which is that there is a circuit split on which methodology to apply when looking at these cases. The 4th and 8th have held that as a matter of law, the 21st Amendment is a justification for states to discriminate and holds power over the Commerce Clause. The 1st, 6th, and 7th Circuits maintain the position, that to justify discrimination, the state must build an evidentiary record and show concrete evidence to demonstrate why discrimination is necessary.
Should be interesting, enjoy the video of Irish Rugby fans in full voice.