United States Sixth Circuit

Regulations prohibiting direct shipment of alcoholic beverages from out-of-state wineries, while allowing shipment by certain in-state wineries, are discriminatory in application to out-of-state wineries in violation of the dormant Commerce Clause, and cannot be justified as advancing the traditional "core concerns" of the Twenty-first Amendment.

Appellate Information

• Argued 05/07/2003
• Decided 08/28/2003
• Published 08/28/2003

Judges

• Before GUY, BOGGS, and DAUGHTREY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• James A. Tanford (argued and briefed), Indiana University School of Law, Bloomington, IN, for Plaintiffs-Appellants., William H. Mellor (briefed), Steven M. Simpson (briefed), Institute for Justice, Washington, DC, Clint Bolick (briefed), Institute for Justice, Phoenix, AZ, for Amici Curiae., Anthony S. Kogut (argued and briefed), Willingham & Coté, East Lansing, MI, Louis R. Cohen (briefed), Wilmer, Cutler & Pickering, Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Irene M. Mead (briefed), Donald S. McGehee (argued), Office of the Attorney General, Michigan Liquor Control Commission, Lansing, MI, for Defendants-Appellees.