Tennessee Wine and Spirits Retailers Assn. v. Thomas
Tennessee Wine and Spirits Retailers Association v. Thomas, No. 18-96, 587 U.S. ___ (2019), was a United States Supreme Court case which held that Tennessee's 2-year durational-residency requirement applicable to retail liquor store license applicants violated the Commerce Clause and was not saved by the Twenty-first Amendment.[1][2][3]
| Tennessee Wine and Spirits Retailers Association v. Thomas | |
|---|---|
 | |
| Argued January 16, 2019 Decided June 26, 2019 | |
| Full case name | Tennessee Wine and Spirits Retailers Association v. Russell F. Thomas, Executive Director of the Tennessee Alcoholic Beverage Commission, et al. |
| Docket no. | 18-96 |
| Citations | 587 U.S. ___ (more) 139 S. Ct. 2449; 204 L. Ed. 2d 801 |
| Case history | |
| Prior | Partial summary judgment granted, Byrd v. Tenn. Wine & Spirits Retailers Ass'n, 259 F. Supp. 3d 785 (M.D. Tenn. 2017); affirmed, Byrd v. Tenn. Wine & Spirits Retailers Ass'n, 883 F. Supp. 3d 608 (6th Cir. 2018) |
| Holding | |
| Tennessee's 2-year durational-residency requirement applicable to retail liquor store license applicants violates the Commerce Clause and is not saved by the Twenty-first Amendment | |
| Court membership | |
| |
| Case opinions | |
| Majority | Alito, joined by Roberts, Ginsburg, Breyer, Sotomayor, Kagan, and Kavanaugh |
| Dissent | Gorsuch, joined by Thomas |
| Laws applied | |
| U.S. Const. art. I, § 8, cl. 3 | |
Background
Total Wine & More applied to open a store in Knoxville, Tennessee which the state intended to approve based on the state Attorney General's opinion that the residency requirements were unenforceable. The trade group representing existing retailers sued the state to prevent approval.
References
- Sibilla, Nick (27 June 2019). "Supreme Court Strikes Down Tennessee Liquor License That "Blatantly Favors" In-State Businesses". Forbes.
- Weiss, Debra Cassens (26 June 2019). "Supreme Court strikes down residency requirement for Tennessee liquor retailers". ABA Journal.
- Liptak, Adam (26 June 2019). "Supreme Court Strikes Down Tennessee Liquor Law". The New York Times.
External links
- Text of Tennessee Wine and Spirits Retailers Association v. Thomas, No. 18-96, 587 U.S. ___ (2019) is available from: Cornell Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
- Case page at SCOTUSblog
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