Blair v Tennessee Wine Retailers

In September 2018, the U.S. Supreme Court granted Cert to Tennessee Wine & Spirit Retailers v. Zachary Blain (Tennessee Wine v Blair), originally known as Tennessee Retailers v Byrd. The case answers the question, may a state discriminate against out-of-state wine retailers in pursuit of their 21st amendment police powers. On its face, the case is about the constitutionality of Tennessee’s 10-year durational residency requirement before a retailer permit will be issued. However, the case also has a direct impact on discriminatory retailer wine shipping laws that prohibit the shipment of wine from retailers located outside the state.

Below is a record of the case and media coverage of the case.


District Court for the Middle District of Tennessee
District Court Decision (Judge Sharp) 4/14/17

Sixth Circuit Court of Appeals
Oral Arguments 11/20/17
Circuit Court Decision (2/21/18)

United States Supreme Court
Granholm v. Heald (2005)
TN Retailers Assoc Petition for Writ of Certiorari (7/20/18)
Total Wine Reply to Petition for Cert in Opposition (8/16/18)
TN Retailers Reply to Total on Cert (9/4/18)
SCOTUS: Certiorari Granted (9/27/18)
SCOTUS: Oral Argument Date Set: January 16, 2018
Tennessee Wine & Spirit Retailers SCOTUS Brief (11/16/180)
Total Wine Respondent Brief (12/13/18)
Affluere Investments Respondent Brief (12/23/18)
Joint Motion by 34 Attorneys General and Tennessee Retailers for Divided Argument (12/17/18)
Joint Motion by Afflueres and Total Wine for Divided Argument (12/17/18)
Tennessee Retailers Reply Brief (1/4/19)
Oral Arguments Transcript (1/16/19)


IN SUPPORT OF APPELLANT (TN Wine & Spirit Retailers)
Alcohol Policy Alliance
National Conference of State Legislatures
American Beverage Licensees
Center for Alcohol Policy
Wine & Spirit Wholesalers of America
Tennessee Wine & Spirit Wholesalers
Open Markets
National Beer Wholesalers of America
National Alcohol Beverage Control States
Thirty-Four States
Michigan Beer & Wine Wholesalers
Major Brands
KHBC Partners
Consumer Action

-National Association of Wine Retailers
-Wine Consumers
Law & Economic Scholars
Retail Litigation Center
Pacific Legal Foundation
Cato Institute
Law Professors
Alan Morrison


Sixth Circuit Strikes Discriminatory Alcohol Law (2/22/18)
Constitutional Law Prof Blog

Sixth Circuit Strikes Down Residency Requirements (2/27/18)
GSRM Alcohol Beverage Law Blog

Durational Residency Requirements Unconstitutional (3/3/18)
Alcohol Law Advisor

Son of Granholm Inches Closer (7/2/18)
Alcohol Law Advisor

Is Granholm II Coming to the Wine Industry? (7/24/18)
FERMENTATION: The Daily Wine Blog

Supreme Court Has a Chance to Decide if States Can Discriminate Against Wine Retailer Shipping (7/24/18)

Tennessee Retailers Petition Supreme Court (8/27/18)
Wine Business Blog

Supreme Court Grants Cert in Tennessee Retailers Case (9/27/18
Alcohol Law Review

BREAKING—SCOTUS Grants Cert in Byrd: Out-of-State Retailers to Be Heard On Issue of Commerce Clause Discrimination (9/27/18)
Libation Law Blog

Supreme Court to Decide on Residency Requirements (9/27/18)
Waller Blog

Granholm 2!! (9/28/18)
Wine Business Blog

Supreme Court To Review State Residency Requirements (9/28/18)
National Law Review

Could The Supreme Court Strike Down Bans on Retailer Direct Shipping (9/28/18)
Wine Spectator

Byrd v Tennessee Wine & Spirit Retailers Assoc (10/1/18)
Alcohol Law Advisor

Supreme Court Grants Cert on Granholm-Like Case For Retailers (10/1/18)
Libation Law Blog

Are Durational Residency Requirements for Alcohol Retailers Constitutional? (10/3/18)
National Conference of State Legislators

Supreme Court to Revisit Case of Wine Shipping (10/11/18)

A Wine Case Worth Watching in the Supreme Court (10/12/18)
Constitution Daily

The Supreme Court Must Rule on Wine Retailer Shipping (10/12/18)
FERMENTATION: The Daily Wine Blog

Will Byrd Actually Tackle the Most Important Constitutional Issue? (10/15/18)
The Irish Liquor Lawyer

U.S. Wine Retailers and the Constitutional Right to Ship Out-of-State (10/16/18)

Wine Shipping Goes Back to the Supreme Court – PODCAST (10/22/18)
Wine For Normal People Podcast

A Crucial Decision: SCOTUS Takes On Retailer Residency Requirements (10/27/18)

Wine, Consumers and the Court (11/5/18)
Fermentation: The Daily Wine Blog

Courts Take a Closer Look at Wine Shipping (11/7/18)
Wine-Searcher News

Wine Consumers to Fund Supreme Court Amicus Brief on Wine Shipping Case (11/13/18)
Wine Freedom

Wine Consumers Must Take Matters Into Their Own Hands (11/13/18)
FERMENTATION: The Daily Wine Blog

Money Pours Into GoFundMe as Wine Fight Spills Into Supreme Court (11/16/18)
Bloomberg Law

Old Vines in the New World: Byrd v Tennessee
University of Cincinnati Law Review (11/17/18)

Alcohol Retailers Lead The Charge on a New Round of Constitutional Challenges (11/16/18)
The Legal Intelligencer at

WSWA Backs Tennessee Law in Residency Case Against Total Wine (11/21/18)
Shanken Daily

Court Decision Crucial for Wine Shipping (12/1/18)
Wine Searcher

Wine & The Courts: Key 2018 Wine Trends #3 (12/31/18)
FERMENTATION: The Daily Wine Blog

Liquor Store War (January 1, 2019)
ABA Journal

Can States Block Newcomers From Earning a Living – Video (1/2/19)
Institute For Justice

Supreme Court Decision on Obsolete Liquor Laws to Provide Clarity (1/3/19)
USA Today

Impending Supreme Court Hearing Could Open Doors ((1/8/19)
Wine Searcher

Friends of Supreme Court See Trouble Brewing (1/9/19)
Wine Searcher

Argument Preview: Tennessee v Bair (1/9/19)

The Supreme Court May Change the Way You Buy Wine (1/10/19)
New York Times

Will the Supreme Court Upend Wine Laws Across the Country? (1/11/19)
Wine Spectator

Supreme Court to Hear Liquor Stores Fight Against ‘Good Old Boys’ System that Bans Competition (1/14/19)

Check List for Tennessee Wine Supreme Court Oral Arguments (1/14/19)
Irish Liquor Lawyer

Supreme Court Decision Expected on State Wine Law (1/15/19)
Wine Enthusiast

Here’s Why the Supreme Court May Be Uncorking Wine Sales Soon in a City Near You (1/15/19)

Supreme Court Hears the Retailer Challenge to Tennessee Liquor Law (1/16/19)
ABC News