There is one less dormant commerce clause challenge to the ability of a state to restrict out of state retailers after the case in Illinois was dismissed. Judge John Lee of the Northern District of Illinois signed the order of dismissal. This case had been slated to start as a trial in September after a remand…Read More
Retail Shipping Case in Illinois Dismissed Before Trial
August 27, 2021 21st Amendment Supreme Court
Michigan Secures Additional 21st Amendment Enforcement Act Settlements
August 3, 2021 All
(previous post) Michigan Secures 21st Amendment Enforcement Act Wins I failed to cover the recent developments in Michigan where the Michigan Attorney General’s Office secured two consent orders against two out-of-state shippers who were illegally selling alcohol into the state. The Michigan Attorney General’s office filed its complaints under the 27 USC 122(a) which is…Read More
Center for Alcohol Policy Conference to be Held in Chicago on August 30 and 31
June 25, 2021 All
I am looking forward to attending the 14th annual Center for Alcohol Policy’s Law and Policy Conference to be held at the Hyatt Centric hotel in Chicago on August 30 and 31. It will be good to talk about the dormant Commerce Clause with people in the same room again! This year’s conference will feature…Read More
Wal-Mart Ends Federal Lawsuit Challenge to Texas Liquor Laws
April 27, 2021 21st Amendment Alcohol Regulation Equal Protection Supreme Court
The long running attempts by Wal-Mart to challenge Texas state alcohol laws via the federal court system are at an end. Recall that 5th Circuit had upheld the Texas laws and Wal-Mart appealed that to the United States Supreme Court. Earlier this year, the Supreme Court denied this request to hear the appeal so the…Read More
9th Circuit Affirms Dismissal of Out of State Importer Challenge to California Law
February 25, 2021 21st Amendment Alcohol Regulation Supreme Court
Well, that was quick. Two weeks after oral argument, the Ninth Circuit has affirmed the trial court and upheld the motion to dismiss filed by California in the dormant Commerce Clause challenge by a Florida importer to California’s law requiring retailers to source their alcohol from in state wholesalers. The opinion can be found here….Read More
