Topic
Commerce Clause
226 published works
Libation Law Blog
The out-of-state retailers arguing the Commerce Clause allows them to ship alcohol across state borders on par with in-state retailers that have the same privilege filed for Supreme Court review of the 6th Circuit Lebamoff decision. We’ve got the brief for you.
I’m doing my best to draft headlines that tell you all you really need to know. Would that it were possible for this issue regarding the retail of alcohol, the…
SALT Shaker
Wynne or Lose: Maryland Court of Appeals Upholds Constitutionality of Reduced Interest Rate on Wynne Refunds
By Michele Borens, Eversheds Sutherland SALT
On June 5th, the Maryland Court of Appeals held that a reduced interest rate on refunds paid to taxpayers as a result of the U.S. Supreme Court’s decision in Comptroller…
Libation Law Blog
6th Circuit rules in favor of 3-tier system blocking access to out-of-state liquor retailers in Michigan case looking to allow out-of-state retailers to deliver to in-state consumers where in-staters have that privilege.
In case you don’t want to read through this, the majority of the reasoning allowing discrimination between in-state and out-of-state liquor retailers in this opinion rests on the rationale that…
The Faculty Lounge
Is the Roberts Court Going to Let Coronavirus Kill Us?
Andy Koppelman and I have a piece at Just Security pointing out that the action/inaction distinction, accepted by CJ Roberts and four other justices in the Obamacare case, could make…
Libation Law Blog
“Amazon of liquor” looms as 6th Circuit hears argument for important alcohol retail shipping Commerce Clause challenge. Out-of-state retailers demand the same shipping privileges as those in-state. Bonus: We’ve got the audio for you.
Today is Lebamoff Day at the 6th Circuit. The first of the cases currently pending in several circuits brought by out-of-state retailers looking to sell and ship alcoholic beverages to…
Libation Law Blog
Briefing completed in 8th Circuit case about out-of-state retailers shipping alcoholic beverages direct to in-state consumers [Missouri]. Mirrors ongoing challenges in 7th and 6th Circuits. Bonus: we’ve got the briefs for you.
We’ve yet to see any compelling arguments from States looking to protect their in-state monopoly and Commerce-Clause-Violative statutes that allow in-state retailers privileges of shipping and delivering liquor, wine, and…
Libation Law Blog
Reply brief in 6th Circuit out-of-state alcohol retailer direct shipping case draws rebuke and desire for sur-reply. Briefing is done in one of the many inevitable Commerce Clause challenges to arise after Tennessee Wine.
The 6th Circuit’s “Amazon of liquor” case is about in-state liquor retailers having the privilege to ship liquor directly to residents, but denying that right to out-of-state alcohol retailers. One…
Ad Law Access
Potential Constitutional Challenges to the CCPA
By Alysa Z. Hutnik, Michael C. Lynch
When it takes effect next month, the CCPA is almost certain to become an immediate spark for litigation. While requests for access/deletion and individual or threatened claims start to fill…
Libation Law Blog
New briefs filed in 6th Circuit out-of-state retailer direct wine shipping case with broad implications for alcohol delivery in the U.S. (Amazon of liquor… if Amazon wasn’t already registering in every state).
Imagine being able to order whatever libation you wanted and having it delivered directly to your door. A beer shop in Maine has some local variant you can’t get in…
Libation Law Blog
Amazon of liquor one step closer as Michigan files opening brief in 6th Circ. Commerce Clause appeal of injunction allowing out-of-state retailers to ship alcohol to residents like in-state retailers can.
Back in October we wrote about Michigan’s Lebamoff decision and the win it represents for nationally open markets and alcohol delivery. You can read the entry on the District Court’s…