Reed Day, et al. v. Ben Henry, in His Official Capacity as Director, Arizona Department of Liquor Licenses and Control, et al.
Whether a physical-presence requirement that discriminates between in-state and out-of-state alcohol retailers can be deemed constitutional under the Twentyfirst Amendment solely as an essential feature of a State's three-tier system of alcohol distribution, without concrete evidence establishing that the requirement predominantly promotes a legitimate, nonprotectionist interest such as public health or safety.
Whether a physical-presence requirement that discriminates between in-state and out-of-state alcohol retailers can be deemed constitutional under the Twenty-first Amendment solely as an essential feature of a State's three-tier system of alcohol distribution, without concrete evidence establishing that the requirement predominantly promotes a legitimate, nonprotectionist interest such as public health or safety