High Court Weakens State Laws For Liquor Retailers

Law360 (July 2, 2019, 2:29 PM EDT) -- States have vested constitutional authority granted by the 21st Amendment to the U.S. Constitution to regulate alcohol more strictly, and with much more discretion, than other products. On June 26, the U.S. Supreme Court issued a narrow ruling with some surprising implications for states’ authority to regulate alcohol within their borders.

The Supreme Court’s decision in Tennessee Wine & Spirits Retailers Association v. Thomas represents more of a tremor than the economic earthquake some had predicted, and signals more of an erosion in superficial jurisdictional boundaries than an end to the three-tier distribution system that has guided alcohol beverage laws since...

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