Supreme Court of the United States · Official docket →
D. Andrew Wilson, Attorney General of Ohio v. Kenneth M. Miller, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 25-3305 · judgment May 6, 2026
(petition-stage, structural)
About 1.7× the 4.1% base rate. The model weights this up for a petition filed soon after the judgment below, a state or local-government petitioner, and a Sixth Circuit decision below.
Question presented
The Twenty-first Amendment grants to the States the power to regulate the “transportation or importation” of alcohol into the States. U.S. Const. amend. XXI, §2. Employing that authority, Ohio operates a three-tier system for the sale and distribution of wine. Wine suppliers must sell to licensed wholesalers with a physical presence in Ohio; wine wholesalers must sell to licensed retailers that maintain a physical presence in Ohio; and only those licensed retailers may sell wine to consumers in Ohio. Wine sold in Ohio must, generally, pass through all three tiers. Doing so reduces alcohol consumption and serves the State’s health and safety goals by facilitating inspection of in-state retail premises and products meant for consumption in Ohio as well as ensuring adherence to other Ohio liquor laws. This system is “unquestionably legitimate.” Granholm v. Heald, 544 U.S. 460, 489 (2005) (quotation omitted). To seal off leaks from the three-tier funnel, Ohio law imposes two restrictions: (1) retailers located outside Ohio may not directly ship wine to consumers in Ohio and (2) individuals may not personally transport more than six bottles of wine, per thirtyday period, into the State. The Question Presented is: under §2 of the Twenty-first Amendment, may a State restrict out-of-state retailers from directly shipping alcohol to in-state consumers and may it cap the amount of alcohol that individuals may personally transport into the State?
Counsel of record
For petitioner
Mathura Jaya Sridharan
Ohio Attorney General's Office
For respondent
Martha Brewer Motley
Vorys, Sater, Seymour and Pease LLP
Case
Conference history
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Amicus briefs
1 cert-stage
Proceedings
- Aug 06 2026Waiver of right of respondent Whole Beer & Wine Association of Ohio, Intervenor in lower courts to respond filed.
- Jul 28 2026Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2026.
- Jul 27 2026Motion to extend the time to file a response from August 10, 2026 to September 9, 2026, submitted to The Clerk.
- Jul 08 2026Brief amicus curiae of National Association of Wine Retailers filed.
- Jul 01 2026Letter from petitioner pursuant to Rule 35.3 received.
- Jun 23 2026Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2026.
- Jun 22 2026Motion to extend the time to file a response from July 9, 2026 to August 10, 2026, submitted to The Clerk.
- Jun 05 2026Petition for a writ of certiorari filed. (Response due July 9, 2026)