Breaking News

Walmart Stores Inc. v. Texas Alcoholic Beverage Commission

Petition for certiorari denied on November 23, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1368 5th Cir. N/A N/A N/A N/A OT 2020

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the petitioners in this case.

Issue: Whether a state law that has the predominant effect of protecting in-state retailers from out-of-state competition is immune from constitutional scrutiny just because it does not facially distinguish between in-state and out-of-state businesses of the same form.

DateProceedings and Orders (key to color coding)
Mar 13 2020Application (19A1013) to extend the time to file a petition for a writ of certiorari from April 6, 2020 to May 6, 2020, submitted to Justice Alito.
Mar 13 2020Application (19A1013) granted by Justice Alito extending the time to file until May 6, 2020.
Jun 05 2020Petition for a writ of certiorari filed. (Response due July 13, 2020)
Jun 15 2020Letter pursuant to Rule 35.3 from counsel for respondents submitted.
Jun 16 2020Waiver of right of respondents Texas Alcoholic Beverage Commission, et al. to respond filed.
Jun 16 2020Waiver of right of respondent Texas Package Stores Association to respond filed.
Jul 01 2020DISTRIBUTED for Conference of 9/29/2020.
Jul 10 2020Brief amicus curiae of The Cato Institute filed. Distributed
Jul 13 2020Brief amicus curiae of Retail Litigation Center, Inc. filed. (Distributed)
Jul 22 2020Response Requested. (Due August 21, 2020)
Jul 30 2020Motion to extend the time to file a response from August 21, 2020 to October 20, 2020, submitted to The Clerk.
Jul 31 2020Motion to extend the time to file a response is granted and the time is extended to and including October 20, 2020, for all respondents.
Aug 21 2020Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Oct 20 2020Brief of respondent Texas Package Stores Association in opposition filed.
Oct 20 2020Brief of respondents Texas Alcoholic Beverage Commission, et al. in opposition filed.
Nov 04 2020DISTRIBUTED for Conference of 11/20/2020.
Nov 04 2020Reply of petitioners Wal-Mart Stores, Inc., et al. filed. (Distributed)
Nov 23 2020Petition DENIED.