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Tennessee Wine & Spirits Retailers Association v. Thomas

Docket No. Op. Below Argument Opinion Vote Author Term
18-96 6th Cir. Jan 16, 2019 Jun 26, 2019 7-2 Alito OT 2018

Holding: Tennessee's 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.

Judgment: Affirmed, 7-2, in an opinion by Justice Alito on June 26, 2019. Justice Gorsuch filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/24/2018Application (17A1186) to extend the time to file a petition for a writ of certiorari from May 22, 2018 to July 21, 2018, submitted to Justice Kagan.
04/26/2018Application (17A1186) granted by Justice Kagan extending the time to file until July 21, 2018.
07/20/2018Petition for a writ of certiorari filed. (Response due August 20, 2018)
08/14/2018Waiver of right of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission to respond filed.
08/16/2018Brief of respondent Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More in opposition filed.
08/17/2018Waiver of right of respondent Affluere Investments, Inc. to respond filed.
09/04/2018Reply of petitioner Tennessee Wine and Spirits Retailers Association filed.
09/05/2018DISTRIBUTED for Conference of 9/24/2018.
09/27/2018Petition GRANTED.
10/12/2018Blanket Consent filed by Petitioner, Tennessee Wine and Spirits Retailers Association.
10/16/2018Blanket Consent filed by Respondent, Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More.
10/26/2018Blanket Consent filed by Respondent, Affluere Investments, Inc..
10/30/2018Blanket Consent filed by Respondent, Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission.
11/13/2018Joint appendix filed. (Statement of costs filed)
11/13/2018Brief of petitioner Tennessee Wine and Spirits Retailers Association filed.
11/13/2018Letter of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission filed.
11/16/2018Amicus brief of KHBC PARTNERS II, LTD. not accepted for filing. (November 20, 2018 - Corrected version submitted)
11/16/2018Brief amicus curiae of KHBC Partners II, Ltd. filed. (11/16/2018)
11/16/2018Brief amicus curiae of Michigan Beer and Wine Wholesalers Association filed.
11/19/2018Brief amicus curiae of Wine and Spirits Wholesalers of Tennessee, Inc. filed.
11/20/2018Brief amicus curiae of Wine and Spirits Wholesalers of America, Inc. filed.
11/20/2018Brief amicus curiae of Consumer Action filed.
11/20/2018Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (Corrected version submitted.)
11/20/2018Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (December 13, 2018)
11/20/2018Brief amici curiae of National Alcohol Beverage Control Association, and National Liquor Law Enforcement Association filed.
11/20/2018Brief amicus curiae of Center for Alcohol Policy filed.
11/20/2018Brief amicus curiae of Open Markets Institute filed.
11/20/2018Brief amici curiae of National Conference of State Legislatures, et al. filed.
11/20/2018Brief amicus curiae of National Beer Wholesalers Association filed.
11/20/2018Brief amici curiae of Illinois, et al. filed.
11/20/2018Brief amicus curiae of Major Brands, Inc. filed.
11/20/2018Amicus brief of Major Brands, Inc. not accepted for filing. (November 30, 2018- Corrected version submitted)
11/20/2018Brief amicus curiae of American Beverage Licensees filed. (Distributed)
11/28/2018SET FOR ARGUMENT ON Wednesday, January 16, 2019
11/30/2018CIRCULATED
12/11/2018Record requested from the U.S.C.A. 6th Circuit.
12/12/2018Brief amicus curiae of Alan B. Morrison filed. (Distributed)
12/13/2018Brief of respondent Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More filed. (Distributed)
12/13/2018Brief of respondent Affluere Investments, Inc. filed. (Distributed)
12/17/2018Joint motion for divided argument filed by respondents Affluere Investments, Inc. and Tennessee Fine Wines & Spirits, LLC.
12/17/2018Motion of Illinois, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
12/18/2018Record received from the U.S.C.A. 6th Circuit is electronic.
12/18/2018Brief amici curiae of 81 Wine Consumers filed. (Distributed)
12/20/2018Brief amici curiae of Law and Economics Scholars filed. (Distributed)
12/20/2018Brief amicus curiae of Retail Litigation Center, Inc. filed. (Distributed)
12/20/2018Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
12/20/2018Brief amicus curiae of National Association of Wine Retailers filed. (Distributed)
12/20/2018Brief amicus curiae of Cato Institute filed. (Distributed)
12/20/2018Brief amicus curiae of Law Professors in support of respondent Affluere Investments, Inc. filed. (Distributed)
01/04/2019Motion of Illinois, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
01/04/2019Motion for divided argument filed by respondents DENIED.
01/04/2019Reply of petitioner Tennessee Wine and Spirits Retailers Association filed. (Distributed)
01/16/2019Argued. For petitioner: Shay Dvoretzky, Washington, D. C.; and David L. Franklin, Solicitor General, Chicago, Ill. (for Illinois, et al., as amici curiae.) For respondents: Carter G. Phillips, Washington, D. C.
02/06/2019Letter advising Clerk of Court of new Executive Director of the Tennessee Alcoholic Beverage Commission filed.
06/26/2019Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined.
07/29/2019JUDGMENT ISSUED.