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Thursday round-up


  • At Reason’s Hit and Run blog, Jacob Sullum writes that Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing that will be argued next month, “provides an opportunity for the Court to clarify the interaction between the 21st Amendment, which gives states broad authority to regulate (or ban) alcoholic beverages, and the Commerce Clause, which aims to promote free trade among the states and has been understood to forbid anti-competitive policies like Tennessee’s,” and could also allow “the Court to recognize the relevance of the 14th Amendment’s long-neglectedPrivileges or Immunities Clause by ruling that it forbids states to restrict the economic opportunities of newcomers.”
  • In an op-ed for Bloomberg, Noah Feldman weighs in on the recent dismissal of judicial misconduct charges against Justice Brett Kavanaugh, suggesting that the Constitution may not bar Congress from “impos[ing] conditions on the justices’ conduct” and arguing that “making the Supreme Court justices answer to the same codes of judicial conduct that govern other federal judges won’t meaningfully compromise their independence.”

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Recommended Citation: Edith Roberts, Thursday round-up, SCOTUSblog (Dec. 20, 2018, 7:17 AM),