Oral arguments have been set for September 17th in Chicago for the straggler out-of-state retailer dormant clause challenge. Recall, the Illinois district court rejected the out of state retailer challenge to Illinois retail laws following a previous ruling in the 7th Circuit out of Indiana, as well as state wins in the 1st, 2nd, 3rd,…Read More
Oral Arguments Set in 7th Circuit for Out-of-State Retail Challenge to Illinois Law
July 28, 2026 21st Amendment All
United States Supreme Court Denies Review of 7th and 9th Circuit Alcohol Retail Shipping Cases
May 18, 2026 21st Amendment All Supreme Court
The Supreme Court released its order list today on petitions of certiorari before them. Along with denials of another 150 cases, the Supreme Court denied the petitions in the 7th Circuit case out of Indiana and the 9th Circuit case out of Arizona. These cases were dormant Commerce Clause challenges to state alcohol laws that…Read More
New Lawsuit Filed in California Related to Winery Sales to Retailers
February 26, 2026 All
A new lawsuit has been filed in federal court in the Eastern District of California by an Illinois winery and a California retailer claiming that California law impermissibly favors California wineries over out of state wineries. The lawsuit alleges that the California laws violate the dormant Commerce Clause and the Privileges and Immunities Clause of…Read More
Maryland Beer Delivery Law Struck as Facially Discriminatory
February 26, 2026 All
Maryland has a law that was passed during the COVID situation to allow Maryland brewers to deliver beer to consumers using their own trucks. Out of state brewers were not afforded comparable privileges. A Washington brewery, a Pennsylvania brewery, and a Maryland consumer brought a lawsuit to challenge the Maryland law. The state of Maryland…Read More
9th Circuit Denies Rehearing and En Banc Request in Challenge to Arizona Retail Shipping Law
October 2, 2025 All
As expected, the Ninth Circuit issued a notice rejecting the request to have the panel rehear its previous decision for the state of Arizona. Also, none of the 29 active judges on the Ninth Circuit have requested to review this panel’s decision en banc. The Order reads as follows: The panel has voted to deny…Read More
