D. Andrew Wilson, Attorney General of Ohio v. Kenneth M. Miller, et al.

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?