5th Circ. Liquor Sales Ruling Skirts Commerce Clause Issues

Law360 (August 21, 2019, 12:14 PM EDT) -- On Aug. 15, the U.S. Court of Appeals for the Fifth Circuit handed down its decision in the matter of Wal-Mart Stores Inc. et al. v. Texas Alcoholic Beverage Commission et al. The case shows that once again stakeholders are forced to challenge perceived protectionist measures in the courtroom when efforts in other venues fail. In the case at bar, the circuit court remanded many of the key commerce clause issues for reconsideration by the lower court.

As has often been said, beverage alcohol is the only commodity addressed in the U.S. Constitution. The 21st Amendment, specifically Section 2, grants states...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS