Supreme Court Asks Texas For Response to Wal-Mart’s Cert Petition

The Supreme Court has asked for a response to Wal-Mart’s petition for writ of certiorari.  A response is due by August 21.  There goes the peaceful August vacation. (previous post) Updates in Wal-Mart Appeal to Supreme Court on Challenge to Public Ownership Ban to Liquor Sales in Texas On July 1, 2020, the Supreme Court…Read More

No Oral Argument Yet in 8th Circuit Retail Shipping Case, State Files Supplemental Authority Notice With Court

The 8th Circuit has not yet scheduled oral arguments on the dormant Commerce Clause challenge by a Florida retailer to the Missouri local delivery law. Recent the state of Missouri filed a supplemental authority letter with the court letting them know of the recent ruling by the 6th Circuit for the state of Michigan in…Read More

The United States Supreme Court Denies Total Wine’s Request for Certiorari on Challenge to Connecticut’s Alcohol Pricing Regulations

The Supreme Court issued orders this morning from its recent conference and has denied a review of the 2nd Circuit’s decision upholding Connecticut’s alcohol pricing regulations from attack by Total Wine.   This resolves the most high profile antitrust challenge to state alcohol laws currently in the court system. The Supreme Court’s order can be found…Read More

8th Circuit Upholds Striking Of Missouri Tied House Law and Advertising Regulation as Violation of First Amendment

In a relatively short decision, the 8th Circuit upheld the district court decision striking a Missouri statute and two regulations related to advertising the prices of alcohol. The fourteen page opinion was written by Circuit Judge Jane Kelly.  She agreed with the district court that the state of Missouri had not proven its case for…Read More

7th Circuit Reverses and Remands Illinois Retail Shipping Matter

The 7th Circuit finally ruled on the retailer direct shipping case it has had before it for a year.  The 7th Circuit reversed the district court’s grant of the state’s motion to dismiss and remanded this case back to district court for additional fact-finding on the Plaintiff’s Equal Protection and dormant Commerce Clause challenges. I attended the oral…Read More