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Reed Day, et al. v. Ben Henry, in His Official Capacity as Director, Arizona Department of Liquor Licenses and Control, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-16148 · judgment September 5, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a physical-presence requirement that discriminates between in-state and out-of-state alcohol retailers can be deemed constitutional under the Twentyfirst Amendment solely as an essential feature of a State’s three-tier system of alcohol distribution, without concrete evidence establishing that the requirement predominantly promotes a legitimate, nonprotectionist interest such as public health or safety. (I)
Counsel of record
For petitioner
Kannon K. Shanmugam
Davis Polk & Wardwell LLP
For respondent
Joshua David Rothenberg Bendor
Office of the Arizona Attorney General
Case
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage
Proceedings
- May 18 2026Petition DENIED.
- May 07 2026Supplemental brief of petitioners Reed Day, et al. filed. (Distributed)
- Apr 22 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 22 2026Reply of petitioners Reed Day, et al. filed. (Distributed)
- Apr 06 2026Brief of respondents Ben Henry, Director, Arizona Department of Liquor Licenses and Control, et al. in opposition filed.
- Feb 05 2026Brief amici curiae of Manhattan Institute, et al. filed.
- Feb 03 2026Brief amicus curiae of National Association of Wine Retailers filed.
- Jan 16 2026Brief amici curiae of 39 Wine Consumers filed.
- Jan 14 2026Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2026, for all respondents.
- Jan 13 2026Motion to extend the time to file a response from February 5, 2026 to April 6, 2026, submitted to The Clerk.
- Dec 30 2025Petition for a writ of certiorari filed. (Response due February 5, 2026)