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But the 21st Amendment, which repealed the national prohibition of liquor sales, left to the states the right to regulate those sales within state borders.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.
Polybius
(15,407 posts)Surprised there haven't been any replies yet.
DeminPennswoods
(15,286 posts)in the decisions reached so far.
SkyDaddy7
(6,045 posts)Kavanagh would support it!!