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
8th Circuit Upholds Striking Of Missouri Tied House Law and Advertising Regulation as Violation of First Amendment
January 8, 2020 21st Amendment Alcohol Regulation Supreme Court
A Reflection on the 21st Amendment views of Justice Stevens
July 29, 2019 21st Amendment Guest Columns Supreme Court
This month our nation lost a patriot who served our nation with great distinction when retired Supreme Court Justice John Paul Stevens died at the age of 99. Justice Stevens was a brilliant man of many experiences; Navy seaman, World War Two veteran, antitrust lawyer, and eventually the third longest serving Supreme Court Justice. While…Read More
United States Supreme Court Upholds 6th Circuit and Strikes Tennessee’s Retail Residency Case
June 26, 2019 21st Amendment Alcohol Regulation All Supreme Court
Reinforcing the law school adage of “bad facts make bad law,” the U.S. Supreme Court upheld the 6th Circuit decision that struck down Tennessee state law that imposes a durational residency requirement for establishing and renewing a retail liquor license. Justice Alito wrote the majority opinion in the 7-2 decision, while Justice Gorsuch authored the…Read More
Recent Deaths in Dominican Republic Underscore the Need to Maintain a Strong, Closed Alcohol Regulation and Distribution System
June 21, 2019 21st Amendment Alcohol Regulation All Guest Columns Supreme Court
The news this month has been filled with news reports of the tragic deaths of 11 Americans while vacationing in the Dominican Republic. Much of the media attention on these deaths have centered on the possible consumption of poisonous/tainted alcohol by the victims. While more study is being done and the FBI is now involved,…Read More
Tennessee Retailers’ Supreme Court Case Has A New Respondent
February 27, 2019 21st Amendment Alcohol Regulation Supreme Court
The pending Supreme Court case on the Tennessee retail residency law is now on its third named state defendant. Sorry Clayton Byrd and now Zachary Blair, your name is off the case caption. Congratulations to Russell F. Thomas who is the new Executor Director of the Tennessee Alcohol Beverage Control and because of that title…Read More
