Today the Supreme Court refused to take an appeal out of the Fourth Circuit of the win by North Carolina against an out of state retailer and the retailer’s claims that the NC state law regulating instate retail sales violate the dormant commerce clause. The Supreme Court today issued a list of dozens of cases…Read More
Supreme Court Denies Certiorari in B-21 v. North Carolina Case
January 9, 2023 21st Amendment Alcohol Regulation Supreme Court
15th Annual Center for Alcohol Policy Legal Conference to be held August 30 and 31 in Nashville
July 27, 2022 21st Amendment Alcohol Regulation All
I am excited to be a part of the 15th Center for Alcohol Policy Legal Conference which will be held in Nashville, Tennessee. The conference starts with a reception the evening of August 29 and then goes all day the 30th and half the day on Wednesday the 30th. Registration can be found here. There…Read More
Why States should keep winning the physical-presence cases, Part I: using the extraterritoriality doctrine on defense
June 17, 2022 21st Amendment Alcohol Regulation Guest Columns Supreme Court
Guest Column: John Neiman, Shareholder, Maynard Cooper & Gale in Birmingham, Alabama and former Supreme Court (and 4th Circuit) law clerk and former Alabama State Solicitor General On June 1st the Fourth Circuit upheld, against a dormant Commerce Clause challenge, a North Carolina law requiring retailers who sell alcohol in the State to have a…Read More
Supreme Court Declines to Review 8th Circuit Ruling for Missouri on Retail Shipping Case
October 12, 2021 21st Amendment Alcohol Regulation Supreme Court
The Supreme Court today issued its order list from its October 8 conference. The certiorari petition sought to have the court overturn the 8th Circuit decision upholding Missouri’s retail delivery laws. The 8th Circuit decision noting that the Missouri law does not violate the dormant Commerce Clause stands. Earlier this year the Court rejected a similar…Read More
Retail Shipping Case in Illinois Dismissed Before Trial
August 27, 2021 21st Amendment Supreme Court
There is one less dormant commerce clause challenge to the ability of a state to restrict out of state retailers after the case in Illinois was dismissed. Judge John Lee of the Northern District of Illinois signed the order of dismissal. This case had been slated to start as a trial in September after a remand…Read More
