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Tennessee Wine and Spirits Retailers Association v. Russell F. Thomas, Executive Director of the Tennessee Alcoholic Beverage Commission, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-5552 · judgment February 21, 2018

Decided · June 26, 2019
Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether the Twenty-first Amendment empowers States, consistent with the dormant Commerce Clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or entities that have resided in-state for a specified time.

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
Michael Eugene Bindas
Institute for Justice

Case

Conference history
Distributed for 1 conference

Amicus briefs
23 merits
(16 supporting pet./neither, 7 respondent)

Argument & decision

Argued January 16, 2019 — Shay Dvoretzky · Carter G. Phillips. Audio and transcript

Decided June 26, 2019. Opinion by Alito.

Proceedings

  1. Jul 29 2019
    JUDGMENT ISSUED.
  2. Jun 26 2019
    Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined.
  3. Feb 06 2019
    Letter advising Clerk of Court of new Executive Director of the Tennessee Alcoholic Beverage Commission filed.
  4. Jan 16 2019
    Argued. For petitioner: Shay Dvoretzky, Washington, D. C.; and David L. Franklin, Solicitor General, Chicago, Ill. (for Illinois, et al., as amici curiae.) For respondents: Carter G. Phillips, Washington, D. C.
  5. Jan 04 2019
    Motion of Illinois, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
  6. Jan 04 2019
    Motion for divided argument filed by respondents DENIED.
  7. Jan 04 2019
    Reply of petitioner Tennessee Wine and Spirits Retailers Association filed. (Distributed)
  8. Dec 20 2018
    Brief amici curiae of Law and Economics Scholars filed. (Distributed)
  9. Dec 20 2018
    Brief amicus curiae of Retail Litigation Center, Inc. filed. (Distributed)
  10. Dec 20 2018
    Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
  11. Dec 20 2018
    Brief amicus curiae of National Association of Wine Retailers filed. (Distributed)
  12. Dec 20 2018
    Brief amicus curiae of Cato Institute filed. (Distributed)
  13. Dec 20 2018
    Brief amicus curiae of Law Professors in support of respondent Affluere Investments, Inc. filed. (Distributed)
  14. Dec 18 2018
    Record received from the U.S.C.A. 6th Circuit is electronic.
  15. Dec 18 2018
    Brief amici curiae of 81 Wine Consumers filed. (Distributed)
  16. Dec 17 2018
    Joint motion for divided argument filed by respondents Affluere Investments, Inc. and Tennessee Fine Wines & Spirits, LLC.
  17. Dec 17 2018
    Motion of Illinois, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
  18. Dec 13 2018
    Brief of respondent Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More filed. (Distributed)
  19. Dec 13 2018
    Brief of respondent Affluere Investments, Inc. filed. (Distributed)
  20. Dec 12 2018
    Brief amicus curiae of Alan B. Morrison filed. (Distributed)
  21. Dec 11 2018
    Record requested from the U.S.C.A. 6th Circuit.
  22. Nov 30 2018
    CIRCULATED
  23. Nov 28 2018
    SET FOR ARGUMENT ON Wednesday, January 16, 2019
  24. Nov 20 2018
    Brief amicus curiae of Wine and Spirits Wholesalers of America, Inc. filed.
  25. Nov 20 2018
    Brief amicus curiae of Consumer Action filed.
  26. Nov 20 2018
    Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (Corrected version submitted.)
  27. Nov 20 2018
    Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (December 13, 2018)
  28. Nov 20 2018
    Brief amici curiae of National Alcohol Beverage Control Association, and National Liquor Law Enforcement Association filed.
  29. Nov 20 2018
    Brief amicus curiae of Center for Alcohol Policy filed.
  30. Nov 20 2018
    Brief amicus curiae of Open Markets Institute filed.
  31. Nov 20 2018
    Brief amici curiae of National Conference of State Legislatures, et al. filed.
  32. Nov 20 2018
    Brief amicus curiae of National Beer Wholesalers Association filed.
  33. Nov 20 2018
    Brief amici curiae of Illinois, et al. filed.
  34. Nov 20 2018
    Brief amicus curiae of Major Brands, Inc. filed.
  35. Nov 20 2018
    Amicus brief of Major Brands, Inc. not accepted for filing. (November 30, 2018- Corrected version submitted)
  36. Nov 20 2018
    Brief amicus curiae of American Beverage Licensees filed. (Distributed)
  37. Nov 19 2018
    Brief amicus curiae of Wine and Spirits Wholesalers of Tennessee, Inc. filed.
  38. Nov 16 2018
    Amicus brief of KHBC PARTNERS II, LTD. not accepted for filing. (November 20, 2018 - Corrected version submitted)
  39. Nov 16 2018
    Brief amicus curiae of KHBC Partners II, Ltd. filed. (11/16/2018)
  40. Nov 16 2018
    Brief amicus curiae of Michigan Beer and Wine Wholesalers Association filed.
  41. Nov 13 2018
    Joint appendix filed. (Statement of costs filed)
  42. Nov 13 2018
    Brief of petitioner Tennessee Wine and Spirits Retailers Association filed.
  43. Nov 13 2018
    Letter of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission filed.
  44. Oct 30 2018
    Blanket Consent filed by Respondent, Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission.
  45. Oct 26 2018
    Blanket Consent filed by Respondent, Affluere Investments, Inc..
  46. Oct 16 2018
    Blanket Consent filed by Respondent, Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More.
  47. Oct 12 2018
    Blanket Consent filed by Petitioner, Tennessee Wine and Spirits Retailers Association.
  48. Sep 27 2018
    Petition GRANTED.
  49. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  50. Sep 04 2018
    Reply of petitioner Tennessee Wine and Spirits Retailers Association filed.
  51. Aug 17 2018
    Waiver of right of respondent Affluere Investments, Inc. to respond filed.
  52. Aug 16 2018
    Brief of respondent Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More in opposition filed.
  53. Aug 14 2018
    Waiver of right of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission to respond filed.
  54. Jul 20 2018
    Petition for a writ of certiorari filed. (Response due August 20, 2018)
  55. Apr 26 2018
    Application (17A1186) granted by Justice Kagan extending the time to file until July 21, 2018.
  56. Apr 24 2018
    Application (17A1186) to extend the time to file a petition for a writ of certiorari from May 22, 2018 to July 21, 2018, submitted to Justice Kagan.
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