In a petition for a writ of certiorari to the U.S. Supreme Court, a Florida retailer has asked the high court to overturn a lower court ruling concerning wine shipping. That ruling, from the 8th Circuit court of Appeals, claims the 21st Amendment to the Constitution allows the State of Missouri to discriminate against out-of-state… Read more »
Posts Categorized: Wine Shipping
Twenty-One States In Violation of Constitution After Tennessee Wine Supreme Court Case
Twenty-one states across the country are in violation of the Constitution following the Supreme Court’s Tennessee Wine v Thomas decision in June. Wine shipping laws in these twenty-one states violate the Commerce Clause with their bans on wine shipments from out-of-state wine retailers. In Tennessee Wine v Thomas, Justice Samuel Alito held that states may not… Read more »
In Wine Law, Be Careful What you DO NOT Ask For
The opening of Florida for wine shipments from out-of-state wine retailers is a story of “be careful what you DON’T ask for”. In 2005, in the wake of the Granholm v Heald Supreme Court decision, a Florida Federal District Court ruled that the state was barred from enforcing its laws that banned out-of-state shipments of… Read more »
The Truth About Wine Shipping and Michigan
There is a term in journalism called “burying the lede”. It refers to when a reporter leads off a story or writes a story in which the main point is non-existent or buried deep in the story. The Michigan Beer and Wine Wholesalers provided a classic example with their recent announcement concerning “illegal” wine shipments… Read more »
The Wine Retailer Supreme Court Case is Coming
The 13-year-old Granholm v. Heald Supreme Court decision is about to be revisited, only this time with retailer wine shipping at issue. Today, the Supreme Court agreed to hear the case of Tennessee Wine & Spirit Retailers v. Byrd. In 2005, the U.S. Supreme Court ruled in its Granholm v. Heald decision that states violated… Read more »
Supreme Court Has Chance to Decide if States Can Discriminate Against Wine Retailer Shipping?
Are there any circumstances under which the dormant commerce clause of the U.S. Constitution protects retailers and wholesalers from discriminatory state liquor laws? This is the underlying question the Supreme Court will be forced to answer if it accepts a Petition For A Writ Of Certiorari in the case of Tennessee Wine and Spirits Retailers Association… Read more »
Lessons From the New Hampshire Wine Shipping Debacle
On February 1, 2018, the writing was on the wall. The New Hampshire Liquor Commission’s attempt to convince the state’s lawmakers to strip out-of-state wine retailers of their right to obtain permits to ship wine to consumers was going to die in committee. The Commission’s response to this reality was unusual: The Liquor Commission chose… Read more »
When Gangsters Oversee Wine Sales in New Hampshire
Given the recent events in New Hampshire in which the Liquor Commission has begun to block wine shipments to the state’s consumers, it is becoming abundantly clear that the Liquor Commission there can’t be trusted to fairly administer its regulatory responsibilities concerning the direct shipment of wine. Furthermore, it’s clear now that the responsibility for… Read more »
Correcting False Statements By Opponents of Wine Shipping
A recent Wine Spectator article written by Emma Balter was headlined, “Wine Lovers Facing Increasing Hurdles Ordering Online.” It was a good update of the challenges wine lovers and wine retailers face merely trying to consummate the simple sale and delivery of wine. And it outlined efforts being made by NAWR and others in combating… Read more »