News & Analysis as of

Dormant Commerce Clause Split of Authority Constitutional Challenges

Bradley Arant Boult Cummings LLP

The Not So Dormant Commerce Clause

Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic protectionism has recently found...more

McDermott Will & Schulte

Recent Retailer Direct Shipping Opinion Illustrates Stakes in Upcoming Supreme Court Review

The recent US District Court for the Eastern District of Michigan opinion strikes down a Michigan statue and authorizes out-of-state retailers to sell and ship wine directly to Michigan consumers. Lebamoff Enterprises v....more

McDermott Will & Schulte

US Supreme Court to Review State Residency Requirements

The “final word” may be in sight in a long-running dispute over state residency requirements imposed on applicants for retail alcohol beverage licenses as well as more fundamental questions about state powers under the 21st...more

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