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
State of Missouri Wins Challenge to State Alcohol Laws at 8th Circuit.
Supreme Court Clarifies Warrants Needed for Blood Tests in DUI Cases.
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
Oral Argument Held in 8th Circuit Challenge By Southern Wine & Spirits
Today the 8th Circuit held oral arguments on Southern Wine & Spirits appeal of the district court’s ruling in favor of Missouri regarding their wholesaler licensing law. The history of the case and briefing is provided at length below. Sitting on today’s panel were 8th Circuit Judges Colloton and Shepherd as well as Iowa District…Read More
5th Annual Center for Alcohol Policy Legal Symposium to Be Held In Dallas September 9th thru 11th
The 5th annual Alcohol Law Symposium will be held September 9-11 in Dallas, Texas. The program begins with a reception on Sunday evening the 9th, runs all day on Monday, and concludes around 12:30 on Tuesday the 11th. This annual event brings together some of the most interesting alcohol stakeholders in the country – including state…Read More
United States Supreme Court Denies Cert in Dormant Commerce Clause Challenge in Ohio
The Supreme Court today denied the cert petition. End of this story. (earlier post– Solicitor General Recommends SCOTUS to Not Take Ohio Case) The Solicitor General of the United States has weighed in with a brief recommending that the Supreme Court not take the dormant Commerce Clause challenge to the ruling by the Ohio Supreme Court…Read More