United States Fourth Circuit

Judgment holding that provisions of Virginia's Alcoholic Beverage Control (ABC) Act, which generally prohibits the importation, distribution, and sale of wine and beer in Virginia except through a regulated, three-tier structure, unconstitutionally discriminated against interstate commerce, is vacated as to those claims rendered moot by recent statutory enactments. The judgment is reversed to the extent the Personal Import Exception does not violate the dormant Commerce Clause and is an appropriate regulation under the Twenty-first Amendment. Finally, the judgment is reversed over plaintiffs' claims that the ABC Stores Restriction falls outside of the Supreme Court cases delineating the market participation exception.

Appellate Information

• Argued 05/26/2006
• Decided 09/11/2006
• Published 09/11/2006

Judges

• Before NIEMEYER and TRAXLER, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Eugene Thro, State Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants/Cross-Appellees.  Daniel Roy Ortiz, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellees/Cross-Appellants.   ON BRIEF:  Judith Williams Jagdmann, Attorney General of Virginia, Carla R. Collins, Associate State Solicitor General, Ronald N. Regnery, Associate State Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Esther H. Vassar, Chairman, Pamela O'Berry Evans, Commissioner, and Susan R. Swecker, Commissioner, Virginia Alcoholic Beverage Control Board;  Walter A. Marston, Jr., REED SMITH, L.L.P., Richmond, Virginia, for Virginia Wine Wholesalers Association, Inc.