Some people use December 5 to celebrate half of the 21st Amendment – section one which is the repeal of the 18th Amendment. I on the other hand join those in the know to celebrate the entire 21st Amendment. Specifically, section 2 and its statement putting states in charge of alcohol policy in the United…Read More
Archives for 2023
What Are Your Plans to Celebrate the Passage of the 21st Amendment? I Am Looking Forward to an Interesting Webinar on the 90th Anniversary of the 21st Amendment (and Toward Liquor Control)
December 4, 2023 All
First Circuit Affirms In Part, Sends Back for More Evidence in Rhode Island Retail Direct Shipping Challenge
September 10, 2023 21st Amendment All Supreme Court
The First Circuit ruled on the appeal of a challenge to Rhode Island retail shipping laws. The opinion was authored by Circuit Judge Selya and affirms part of the state win below, but also sends back for additional fact-finding on several parts of the challenged statutes. The First Circuit upheld the district court’s ruling upholding…Read More
Federal Court Rules for New Jersey in Retail Shipping Case
August 22, 2023 All
Another win for the states, this time in New Jersey. New Jersey District Judge Julien Xavier Neals has ruled for the state on dualing summary judgment motions. The decision can be found here. Judge Neals reviewed the claims and ultimately held for the state. Judge examined the flaws in the attacks on the New Jersey…Read More
Slew of New Lawsuits Refill the State Alcohol Litigation Pipeline as Previous Efforts Wind Down
August 20, 2023 All
There have been four new dormant Commerce Clause lawsuits filed by the same plaintiff’s attorney in recent weeks. If you recall back around 2019, similar slews of lawsuits were filed in Texas, Kentucky, New Jersey, Indiana, Missouri, Ohio, Rhode Island, and Michigan. As readers of this blog are familiar, the 2019 era lawsuits have mostly…Read More
Federal District Court Upholds Arizona Retail Shipping Laws
August 10, 2023 All
G. Murray Snow, the Chief District Judge for Arizona, issued a comprehesive opinion upholding the retail shipping laws of Arizona against a dormant Commerce Clause challenge by wine consumers. His opinion can be found here. This decision is a complete repudiation of many of the claims brought by these retail shipping cases. Judge Snow’s opinion…Read More
