(editors note- My ability to link to documents is not working at present so I apologize for not having live links to filed briefs. I hope to rectify that problem soon.) The briefing is complete for the 9th Circuit on the dormant Commerce Clause challenge by two wine aficionados to Arizona laws on wine retailing.  After the Arizona District Court upheld the state law, an appeal was filed.  The state of Arizona has filed its response and was joined by the intervening defendant-appellee Wine and Spirits Wholesaler Association of Arizona.  Amicus briefs were filed by the N ..read more

The National Conference of State Legislatures (NCSL) is an organization based in Colorado representing the interests of state legislators and staff.  It provides research to state legislatures and represents their interests in various government bodies. Included in its mission is an emphasis “specially in support of state sovereignty and state flexibility and protection from unfunded federal mandates and unwarranted federal preemption.” The NCSL does not pass model legislation.  They do pass resolutions and policy statements and the most recent policy position related to the sal ..read more

Some people use December 5 to celebrate half of the 21st Amendment – section one which is the repeal of the 18th Amendment.   I on the other hand join those in the know to celebrate the entire 21st Amendment.  Specifically, section 2 and its statement putting states in charge of alcohol policy in the United States. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. I look forward to listening to what promises to be a very inter ..read more

Another win for the states, this time in New Jersey. New Jersey District Judge Julien Xavier Neals has ruled for the state on dualing summary judgment motions. The decision can be found here. Judge Neals reviewed the claims and ultimately held for the state. Judge examined the flaws in the attacks on the New Jersey system and noted: “The New Jersey System does not have different licenses for in-state vs out-ofstate wine retailers. Both are eligible for plenary retail licenses. Indeed, all potential licensees must satisfy the same requirements, obtain the same licenses, and be subject to the sa ..read more

There have been four new dormant Commerce Clause lawsuits filed by the same plaintiff’s attorney in recent weeks.  If you recall back around 2019, similar slews of lawsuits were filed in Texas, Kentucky, New Jersey, Indiana, Missouri, Ohio, Rhode Island, and Michigan.   As readers of this blog are familiar, the 2019 era lawsuits have mostly wound itself through the system with the 6th and 8th Circuits having ruled for the state (MO and MI) and the Supreme Court not taking these cases.  Other cases were dismissed or continue at the district court or appellate stage.  Th ..read more

The 16th annual Center for Alcohol Policy Legal Conference will be held in Philadelphia. The conference starts with a reception on August 28 and ends around lunchtime on the 30th. The agenda for the conference is once again very strong covering a wide variety of important issues ranging from antitrust to the STOP Act to illegal alcohol shipping. 2023 marks the 90th year of the 21st Amendment and will have a panel leading an interesting disussion on this milestone. Kathy Jennings, the Attorney General of Delaware will be the conference’s keynote speaker. The full agenda can be accessed at this ..read more

Guest Column: Paul Pisano, National Beer Wholesalers Association State alcohol pricing laws have several interrelated forms, but all seek to “level the playing field” with pricing practices between suppliers and their wholesalers or supplier/wholesalers with retailers.  The concept that the small convenience store should have the same shot at the pricing of a big box club store is something many in the alcohol industry may have taken for granted, but there are powerful opponents of these laws.  However, recent federal actions on pricing laws can bolster state alcohol pricing efforts ..read more

Today the Supreme Court refused to take an appeal out of the Fourth Circuit of the win by North Carolina against an out of state retailer and the retailer’s claims that the NC state law regulating instate retail sales violate the dormant commerce clause.  The Supreme Court today issued a list of dozens of cases denied certioari, including B-21, and the order can be found here. The same theory tried in this case has been litigated, appealed, and denied certiorari in two other circuits.  Joining the Fourth Circuit are cases from the Sixth Circuit (MI) and Eighth Circuit (MO).  The ..read more

The First Circuit will get to join the fun of dormant commerce clause litigation.  The plaintiffs who lost in Rhode Island District Court have filed a Notice of Appeal  with the First Circuit so briefing in this case will occupy the first half of 2023. In their continuous effort to create a federal appellate court split, the plaintiff’s attorney will be joining their to-date-unsuccessful efforts in the 4th, 6th, and 8th Circuits. (previous post) District Court Grants State of Rhode Island’s Summary Judgment Motion and Dismisses Challenge for Out-of-State Retailer Sales United States ..read more

There have been a round of filings in the lawsuit filed by Washington brewers against Oregon laws. The Defendants have responded to Oregon’s Motion to Dismiss for lack of jurisdiction by filing a response to the Motion to Dismiss with a request to amend their complaint to add more state government officials. The state responded by responding and noting that even with the amendment complaint there is a lack of jurisdiction and the motion to dismiss is still appropriate. The links to the filed documents are not working today so I hope to find a solution for future updates on this space. (previou ..read more