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Tennessee Wine & Spirits Retailers Association v. Thomas

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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)
Apr 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.
Apr 26 2018Application (17A1186) granted by Justice Kagan extending the time to file until July 21, 2018.
Jul 20 2018Petition for a writ of certiorari filed. (Response due August 20, 2018)
Aug 14 2018Waiver of right of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission to respond filed.
Aug 16 2018Brief of respondent Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More in opposition filed.
Aug 17 2018Waiver of right of respondent Affluere Investments, Inc. to respond filed.
Sep 04 2018Reply of petitioner Tennessee Wine and Spirits Retailers Association filed.
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 27 2018Petition GRANTED.
Oct 12 2018Blanket Consent filed by Petitioner, Tennessee Wine and Spirits Retailers Association.
Oct 16 2018Blanket Consent filed by Respondent, Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More.
Oct 26 2018Blanket Consent filed by Respondent, Affluere Investments, Inc..
Oct 30 2018Blanket Consent filed by Respondent, Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission.
Nov 13 2018Joint appendix filed. (Statement of costs filed)
Nov 13 2018Brief of petitioner Tennessee Wine and Spirits Retailers Association filed.
Nov 13 2018Letter of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission filed.
Nov 16 2018Amicus brief of KHBC PARTNERS II, LTD. not accepted for filing. (November 20, 2018 - Corrected version submitted)
Nov 16 2018Brief amicus curiae of KHBC Partners II, Ltd. filed. (11/16/2018)
Nov 16 2018Brief amicus curiae of Michigan Beer and Wine Wholesalers Association filed.
Nov 19 2018Brief amicus curiae of Wine and Spirits Wholesalers of Tennessee, Inc. filed.
Nov 20 2018Brief amicus curiae of Wine and Spirits Wholesalers of America, Inc. filed.
Nov 20 2018Brief amicus curiae of Consumer Action filed.
Nov 20 2018Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (Corrected version submitted.)
Nov 20 2018Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (December 13, 2018)
Nov 20 2018Brief amici curiae of National Alcohol Beverage Control Association, and National Liquor Law Enforcement Association filed.
Nov 20 2018Brief amicus curiae of Center for Alcohol Policy filed.
Nov 20 2018Brief amicus curiae of Open Markets Institute filed.
Nov 20 2018Brief amici curiae of National Conference of State Legislatures, et al. filed.
Nov 20 2018Brief amicus curiae of National Beer Wholesalers Association filed.
Nov 20 2018Brief amici curiae of Illinois, et al. filed.
Nov 20 2018Brief amicus curiae of Major Brands, Inc. filed.
Nov 20 2018Amicus brief of Major Brands, Inc. not accepted for filing. (November 30, 2018- Corrected version submitted)
Nov 20 2018Brief amicus curiae of American Beverage Licensees filed. (Distributed)
Nov 28 2018SET FOR ARGUMENT ON Wednesday, January 16, 2019
Nov 30 2018CIRCULATED
Dec 11 2018Record requested from the U.S.C.A. 6th Circuit.
Dec 12 2018Brief amicus curiae of Alan B. Morrison filed. (Distributed)
Dec 13 2018Brief of respondent Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More filed. (Distributed)
Dec 13 2018Brief of respondent Affluere Investments, Inc. filed. (Distributed)
Dec 17 2018Joint motion for divided argument filed by respondents Affluere Investments, Inc. and Tennessee Fine Wines & Spirits, LLC.
Dec 17 2018Motion of Illinois, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Dec 18 2018Record received from the U.S.C.A. 6th Circuit is electronic.
Dec 18 2018Brief amici curiae of 81 Wine Consumers filed. (Distributed)
Dec 20 2018Brief amici curiae of Law and Economics Scholars filed. (Distributed)
Dec 20 2018Brief amicus curiae of Retail Litigation Center, Inc. filed. (Distributed)
Dec 20 2018Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Dec 20 2018Brief amicus curiae of National Association of Wine Retailers filed. (Distributed)
Dec 20 2018Brief amicus curiae of Cato Institute filed. (Distributed)
Dec 20 2018Brief amicus curiae of Law Professors in support of respondent Affluere Investments, Inc. filed. (Distributed)
Jan 04 2019Motion of Illinois, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Jan 04 2019Motion for divided argument filed by respondents DENIED.
Jan 04 2019Reply of petitioner Tennessee Wine and Spirits Retailers Association filed. (Distributed)
Jan 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.
Feb 06 2019Letter advising Clerk of Court of new Executive Director of the Tennessee Alcoholic Beverage Commission filed.
Jun 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.
Jul 29 2019JUDGMENT ISSUED.