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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, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below, and down for a state or local-government respondent.
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
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage
Order
Order list, May 18, 2026 · Certiorari denied
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)