The First Circuit dealt a blow to state alcohol regulation today ruling against Massachusett’s 30,000 gallon volume cap for wineries.   In its opinion, the 1st Circuit determined that the MA law, helped by statements in the legislative record, was discriminatory in both purpose and effects and violated the Dormant Commerce Clause.  This is a different [...]

Posted January 14, 2010 by admin under 21st Amendment, Dormant Commerce Clause, Supreme Court

UPDATE:  The Supreme Court has denied certiorari in this 6th Circuit matter.  Cert denial can be found here. Update:  TN brief below.   Supreme Court to decide whether to take this the week of September 29, 2009. A pairing of lawyer and wine connoisseur has lead to the U.S. Supreme Court  being asked whether limitations imposed [...]

Posted October 5, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court

A very impressive win for New York today as the Second Circuit rejected a challenge by an out-of-state retailer seeking to sell to NY consumer.   In a strong opinion by Circuit Judge Wesley and a very informational concurrence by Circuit Judge Calabresi, the Second Circuit rejected the claims of the plaintiff.   The decision notes that [...]

Posted July 1, 2009 by admin under 21st Amendment, Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court

This discussion forum is designed to provide information and discuss the rapidly developing issue of alcohol law and the growing attempts by special interests to have the judiciary determine alcohol laws as opposed to elected officials. There is always something going on in alcohol law and we hope you will visit and contribute to this [...]

Tags: Alcohol Law Review, NBWA, regulation
Posted March 11, 2009 by admin under Alcohol Regulation, Alcohol Review, Dormant Commerce Clause, Supreme Court