Happy 92nd Anniversary of the Passage of the 21st Amendment!

Today marks the 92nd anniversary of the passage of the 21st Amendment.  The 21st Amendment repealed Prohibition that was created with the passage of the 18th Amendment.  The 21st Amendment not only repealed the 18th Amendment, it authorized the states to control alcohol regulation within its border.  Today there are debates about marijuana and hemp…Read More

Briefing Completed for 6th Circuit Review of Challenge to Ohio Retail Shipping Laws

The 6th Circuit is being tasked once again to review a state alcohol law related to out of state retailers.  Recall the 6th Circuit already ruled for Michigan in 2021 on a challenge to their retailer laws.  Briefs seeking to overturn the district court’s decision in favor of Ohio have been filed by the appellant…Read More

7th Circuit Denies En Banc Rehearing on Ruling Favoring Indiana Retail Shipping Laws

No judges on the 7th Circuit are interested in rehearing the decision upholding the Indiana alcohol law relating to out of state retailers.  And the two judges that ruled for Indiana do not want a rehearing.  The court issued an order today noting: Plaintiffs-Appellants filed a petition for rehearing and rehearing en banc on August…Read More

Oregon Court Denies State Motion to Strike but Dismisses Governor from WA Brewery Lawsuit

Late last year, the State of Oregon filed a motion to dismiss the complaint in the lawsuit by several Washington state breweries. The state sought to both strike the Complaint on jurisdictional issues and also moved to dismiss the Complaint. In a short opinion, Judge Simon agreed to dismiss the Oregon Governor as a defendant,…Read More

Supreme Court Denies Certiorari in B-21 v. North Carolina Case

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