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, 4th, 5th, 6th, 8th, and 9th Circuits. As always, the plaintiffs have appealed.
The opening brief of the appellant can be found below as can the State’s response, the Appellant’s response brief, as well as an amicus brief filed by the Center for Alcohol Policy.
(previous post) Federal Judge Rules for Illinois Against Out-of-State Retailer Challenge
Judge Jeremy Daniel sitting in the Northern District of Illinois has ruled for the state of Illinois against a challenge by a Washington state retailer and two Illinois consumers to laws related to the sale of wine.
Judge Daniel ruled that the plaintiffs did have standing but that the state’s evidence was sufficient to defeat the dormant Commerce Clause claims of the plaintiffs. The recently decided Seventh Circuit decision supporting Indiana served as a helpful recent guidepost for Judge Daniel’s decision.
The forces behind these lawsuits seem to be laser focused on trying to find any way to get back to the United States Supreme Court. Despite the Seventh Circuit resolving the Indiana case last month, the plaintiffs in this case could still try to appeal the Illinois decision back to the Seventh Circuit.
The decision by Judge Daniel can be found here:
No surprise but disappointing, nevertheless.