Indiana and Three Different Amici File in Support of Indiana Prohibited Interest Law Against Federal Preemption Claim

Recently the state of Indiana filed its brief in response to the E.F. Transit appeal to the 7th Circuit.  They were joined last week by three amicus briefs. The appellant claims that the Federal Aviation Administration Act (FAAA) preempts Indiana alcohol laws that impact the business model set up by E.F. Transit.  The state and…Read More

Oral Argument Held In 5th Circuit for WalMart Challenge to Texas Liquor Laws

The Fifth Circuit held oral argument on April 29th on Walmart’s challenge to Texas liquor laws impacting the number of Walmart stores that can sell liquor.  The hearing was in New Orleans and held before Judges Davis, Haynes and Graves.  I did not attend this hearing so I am unable to offer any perspective on…Read More

Guest Column: 100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy

100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy On January 16, 2019 the United States Supreme Court will hear oral arguments in the case Tennessee Wine and Spirits Retailers Association v. Blair.   January 16th is a critical date in alcohol policy history because on…Read More

New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges (Procedural…Read More