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
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
Oral Arguments Held in 7th Circuit on Retailer Challenge to Indiana Law
December 21, 2021 21st Amendment Alcohol Regulation Supreme Court
The 7th Circuit held oral arguments on the Chicago Wine challenge to Indiana laws banning out of state retailers from shipping to Indiana residents. The link to the oral argument can be found here. Judge Easterbrook, Judge Kanne, and Judge Scudder served on this panel. Judge Easterbrook noted that there have been a bunch of…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
Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws
April 27, 2021 21st Amendment Alcohol Regulation Equal Protection Supreme Court
The long running attempts by Wal-Mart to challenge Texas state alcohol laws via the federal court system are at an end. Recall that 5th Circuit had upheld the Texas laws and Wal-Mart appealed that to the United States Supreme Court. Earlier this year, the Supreme Court denied this request to hear the appeal so the…Read More
