No. 22-285

B-21 Wines, Inc., et al. v. Hank Bauer, Chair, North Carolina Alcoholic Beverage Control Commission

Lower Court: Fourth Circuit
Docketed: 2022-09-27
Status: Denied
Type: Paid
Amici (3)Response RequestedRelisted (2)
Tags: circuit-split commerce-clause interstate-commerce nondiscrimination-principle public-health-and-safety retail-distribution retail-wine-distribution twenty-first-amendment wine-shipping
Key Terms:
Antitrust FirstAmendment Immigration
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (from Petition)

Does the nondiscrimination principle of the Commerce Clause apply to and invalidate North Carolina's law allowing only in-state retailers to ship wine to consumers, or is the law constitutional under the Twenty-first Amendment because the Commerce Clause does not apply to laws regulating retail wine distribution?

Question Presented (AI Summary)

Does the nondiscrimination principle of the Commerce Clause apply to and invalidate North Carolina's law allowing only in-state retailers to ship wine to consumers, or is the law constitutional under the Twenty-first Amendment because the Commerce Clause does not apply to laws regulating retail wine distribution?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-20
2022-12-09
Brief amici curiae of Indianapolis Greek-American Wine Consumers filed.
2022-12-09
2022-12-02
Brief of respondent Hank Bauer, Chair, North Carolina Alcoholic Beverage Control Commission in opposition filed.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-11-09
Response Requested. (Due December 9, 2022)
2022-10-20
2022-09-23
Petition for a writ of certiorari filed. (Response due October 27, 2022)

Attorneys

41 Wine Consumers
J. Gregory TroutmanTroutman Law Office, PLLC., Amicus
B-21 Wines, Inc., et al.
James Alexander TanfordEpstein Seif Porter & Beutel, LLP, Petitioner
Hank Bauer, Chair, North Carolina Alcoholic Beverage Control Commission
Ryan Young ParkNorth Carolina Department of Justice, Respondent
Indianapolis Greek-American Wine Consumers
Stephen J. PetersKroger Gardis & Regas, LLP, Amicus
National Association of Wine Retailers
Sean M. O'LearyO'Leary Law and Policy Group, LLC, Amicus