In a 10-1 decision, an en banc panel of the 9th Circuit overruled a previous three judge decision of the Ninth Circuit and reinstated a district court decision that upheld a California alcohol law regulating the payment between suppliers/wholesalers and retailers. In the opinion authored by Judge Paez the opinion noted that the Supreme Court’s Central Hudson…Read More
En Banc Panel Upholds California Tied House Law Against First Amendment Challenge
June 14, 2017 21st Amendment Alcohol Regulation Supreme Court
Supreme Court Rules on Drunk Driving Enforcement Issues
June 24, 2016 Alcohol Regulation Supreme Court
The Supreme Court has ruled that warrantless breath tests are constitutionally proper but warrantless blood tests are not. In Birchfield v. North Dakota the Supreme Court reviewed cases from North Dakota and Minnesota relating to refusals to take a breathalyzer test (ND) and blood test (MN). In the opinion, Justice Alito noted, “The impact of…Read More
Center for Alcohol Policy’s Law and Policy Conference set for September 10 and 11, 2015 in Chicago.
August 10, 2015 21st Amendment Alcohol Regulation All Antitrust Equal Protection Guest Columns Preemption Supreme Court
The Center for Alcohol Policy (CAP) Eighth Annual Alcohol Law and Policy Conference will be held September 9-11, 2015, at the Hyatt Chicago Magnificent Mile in Chicago, Illinois. The conference starts with an informal evening reception on the 9th. The conference will take place all day the 10th and conclude at noon on the 11th….Read More
State of Missouri Wins Challenge to State Alcohol Laws at 8th Circuit.
September 25, 2013 21st Amendment Equal Protection Supreme Court
Today the 8th Circuit released its judgment and opinion in the Southern Wine and Spirits challenge to Missouri’s alcohol code. In its opinion, the court upheld the decision of district court Judge Nanette K. Laughrey. The 8th Circuit dismissed the Commerce Clause and Equal Protection challenges to Missouri law. The 8th Circuit joins the 2nd, 4th…Read More
Supreme Court Clarifies Warrants Needed for Blood Tests in DUI Cases.
April 18, 2013 Supreme Court
The Supreme Court issued a 8-1 decision in Missouri v. McNeely holding that police officers cannot routinely conduct warrantless blood-alcohol tests. A warrant requirement “must be determined case by case based on the totality of the circumstances.” The court affirmed that this case derived from a routine DWI stop that presented no exigent circumstances other…Read More
