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Polybius

(15,385 posts)
Wed Jun 26, 2019, 01:13 PM Jun 2019

Supreme Court Hands Total Wine, Other Out-Of-State Liquor Retailers A Big Win

Source: NPR

In a case with consequences for fans of wine and liquor, the U.S. Supreme Court, in a 7-2 decision, has struck down a two-year residency requirement for anyone seeking an initial license to operate a liquor store in Tennessee.

There is no doubt that if a state had such a restrictive provision involving the sale of any other product, it would be deemed a violation of the Constitution's ban on erecting barriers to interstate commerce.

But the 21st Amendment, which repealed the national prohibition of liquor sales, left to the states the right to regulate those sales within state borders. Mississippi was the last dry state in the country, finally allowing the sale of liquor in 1966.

"[W]hile this requirement is less extreme than the others that the Sixth Circuit found to be unconstitutional, we now hold that it also violates the Commerce Clause and is not shielded by ... the Twenty-first Amendment," Justice Samuel Alito wrote for the majority of the court.

Read more: https://www.npr.org/2019/06/26/732524432/supreme-court-hands-total-wine-other-out-of-state-liquor-retailers-big-win



7-2 decision. Neil Gorsuch and Clarence Thomas dissented.
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Supreme Court Hands Total Wine, Other Out-Of-State Liquor Retailers A Big Win (Original Post) Polybius Jun 2019 OP
This was a big decision Polybius Jun 2019 #1
There have been some very odd coalitions DeminPennswoods Jun 2019 #2
Well, we know beyond a shadow of a doubt... SkyDaddy7 Jun 2019 #3
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