United States Fifth Circuit

In a dormant Commerce Clause challenge to a Texas law allowing alcohol retailers to ship to the door of their local consumers, partial summary judgment for plaintiffs is vacated where the Twenty-First Amendment permitted Texas to authorize its in-state, permit-holding retailers to make sales and prohibit out-of-state retailers from doing the same.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• Leslie H. Southwick, Circuit Judge:, Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel