BREAKING NEWS! Today, the Supreme Court decided not to examine the case brought by a group of wine retailers asking to review the case of Wine Country Gift Baskets v. Steen decided by the Fifth Circuit. The justices announced today that they will not give further consideration to whether the Texas…
Tag: commerce clause
Wine Retailers Appeal to SCOTUS for Review of Constitutional Issues
Happy Holidays from On Reserve! This is quite a belated post, but a legal one nonetheless, that we felt to be incredibly exciting and interesting for both the wine and legal industries. About a month ago, a group of wine retailers petitioned to the Supreme Court for a writ of certiorari…
The Alcohol Beverage Legal Environment Post-Granholm
This article gives rise by suggestion of Tom Wark of Fermentation. It explores the legal environment, post-Granholm, relative to the constitutionality of the several state liquor regulatory laws and the underlying effect of the Supreme Court’s holding in Granholm. These three cases include Siesta Village Market LLC v. Steen, 595…
Granholm v. Heald and the Wine Industry
General Information on Granholm In the 2005 opinion of Granholm v. Heald, the Supreme Court ruled in a 5–4 decision that state laws allowing in-state wineries to make direct sales to customers but effectively authorizing out-of-state wineries to make sales only through wholesalers at a greater expense are unconstitutional. The…