I have now lived in two states (MN and FL) that supposedly do not allow interstate wine shipments from retailers, yet I’ve never had an issue receiving wine from certain online retailers.
The articles linked suggest that UPS and FedEx do not accept alcohol shipments bound for the states that do not allow these shipments, but I have received shipments from both carriers. I’m a lawyer but too lazy to look into what loophole might be in play here. I actually suspect it’s simply a matter of enforcement being too difficult to implement, so various retailers just roll the dice. Thoughts?
I haven’t read Justice Gorsuch’s dissent but I can’t help but wonder if his primary concern is for actors who might receive an executive pardon from federal charges but find themselves subject to state prosecution.
This decision has me wondering if the TTB will have to start approving some more controversial wine labels as well. Regulation of alcohol seems to generally allow for greater controls, but it would be interesting to see how a challenge to a Fuct wine label would play out.
ScotusBlog was engaging in reasoned speculation this morning that the opinion will be written by Justice Alito, because he is the sole justice not to have authored any opinions from the January term, and this is the last January case outstanding on the docket.
My hunch is that an Alito-authored opinion is good news for consumers, although the scope of the opinion could be quite narrow.
There is an interesting case pending right now in the USDC Western District of Tennessee related to a Florida wine shop’s inability to ship to a resident in Tennessee. Alvarez and UVA Wines, LLC v. Tennessee Alcoholic Beverage Commission, Case No. 2:19-cv-02151. I will continue to monitor how this one plays out. TABC has filed a Motion to Dismiss, which is still pending. Trial is scheduled for March 2020. In the meantime, the Court has ordered the parties to mediation.
I’m interested to hear why you think an Alito-led majority would be good news for consumers. I don’t necessarily disagree, but I’d be interested in hearing your thought process