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...

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