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Lebamoff Enterprises, Inc., et al. v. Gretchen Whitmer, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-2199, 18-2200 · judgment April 21, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Sixth Circuit decision below.

Question presented

In Granholm v. Heald, 544 U.S. 460 (2005), this Court applied the nondiscrimination principle of the Commerce Clause to invalidate a state liquor law that allowed in-state wineries to ship directly to consumers but prohibited out-of-state wineries from doing so. In Tenn. Wine & Spirits Retailers Ass’n v. Thomas, 139 S.Ct. 2449 (2019), this Court applied the nondiscrimination principle to invalidate a state liquor law that allowed residents to obtain retailer licenses but prohibited nonresidents from doing so. Despite these precedents, the Sixth Circuit in this case did not apply the nondiscrimination principle to a Michigan liquor law that allows in-state retailers to ship wine to consumers but prohibits out-of-state retailers from doing so. Instead, it held that the restriction was a valid exercise of state authority under the Twenty-first Amendment that was immune from Commerce Clause scrutiny. The question, upon which the courts of appeals disagree, is: Whether a state liquor law that allows in-state retailers to ship wine directly to consumers but prohibits out-of-state retailers from doing so, is invalid under the nondiscrimination principle of the Commerce Clause or is a valid exercise of the state’s Twenty-first Amendment authority to regulate the sale of alcoholic beverages within its borders.

Counsel of record

For petitioner
James Alexander Tanford
Epstein Seif Porter & Beutel, LLP

For respondent
Fadwa A. Hammoud
Michigan Department of Attorney General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Jan 04 2021
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 08 2020
    Rescheduled.
  4. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  5. Nov 23 2020
    Reply of petitioners Lebamoff Enterprises, Inc., et al. filed. (Distributed)
  6. Nov 09 2020
    Brief of respondent Michigan Beer & Wine Wholesalers Association in opposition filed.
  7. Nov 09 2020
    Brief of respondents Governor Gretchen Whitmer, Attorney General Dana Nessel, and MLCC Chairperson Pat Gagliard in opposition filed.
  8. Sep 18 2020
    Motion of respondent Michigan Beer & Wine Wholesalers to extend the time to file a response is granted and the time is extended to and including November 9, 2020, for all respondents.
  9. Sep 17 2020
    Motion of respondent Michigan Beer & Wine Wholesalers to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
  10. Sep 15 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
  11. Sep 14 2020
    Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
  12. Sep 09 2020
    Response Requested. (Due October 9, 2020)
  13. Aug 18 2020
    Brief amici curiae of 23 Wine Consumers filed. (Distributed)
  14. Aug 18 2020
    Brief amicus curiae of National Association of Wine Retailers filed. (Distributed)
  15. Jul 29 2020
    DISTRIBUTED for Conference of 9/29/2020.
  16. Jul 23 2020
    Waiver of right of respondents Governor Gretchen Whitmer, Attorney General Dana Nessel, and MLCC Chairperson Pat Gagliard to respond filed.
  17. Jul 23 2020
    Waiver of right of respondent Michigan Beer & Wine Wholesalers Association to respond filed.
  18. Jul 17 2020
    Petition for a writ of certiorari filed. (Response due August 19, 2020)