Michigan Court Enters Stay of Retail Shipping Order Pending Supreme Court Review of TN Case

Because of the pending Supreme Court review of the Byrd v. TN Retailers Association matter, Judge Tarnow granted the state of Michigan’s motion and has issued a stay of his injunction against the Michigan retail shipping law.   In acknowledging the pending Supreme Court matter, the judge noted:

“The Court is aware that legislative efforts to bring Michigan into compliance with the injunction may need to be duplicated after the Supreme Court’s ruling on Byrd, and that an environment of legal uncertainty is not ideal for well-reasoned lawmaking.”

(previous post) Michigan District Court Rules for Out of State Retailer

Senior United States District Court Judge Arthur J. Tarnow sitting in the Eastern District of Michigan ruled against the state and for out of state retailer Lebamoff Enterprises on the dormant Commerce Clause challenge to Michigan’s alcohol laws limiting store delivery to consumers to Michigan Retailers.   In his Order and Opinion Judge Tarnow noted how he was bound by the recent 6th Circuit ruling in Tennessee Retailers v. Byrd.  Michigan is within the 6th Circuit as is Ohio, Kentucky and Tennessee.   As readers will recall the Supreme Court agreed to hear the TN Retailers case last week so the Supreme Court ruling will directly impact the next steps of Michigan law on this matter.   All eyes will be on the Supreme Court.

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