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Lebamoff Enterprises Inc. v. Whitmer

Certiorari Denied

Petition for certiorari denied on January 11, 2021.

Docket No.20-47
Op. Below6th Cir.

Issue

Whether a state liquor law that allows in-state retailers to ship wine directly to consumers, but prohibits out-of-state retailers from doing so, is invalid under the nondiscrimination principle of the commerce clause or is a valid exercise of the state"s 21st amendment authority to regulate the sale of alcoholic beverages within its borders.

Proceedings & orders timeline

Jul 17, 2020
Petition for a writ of certiorari filed. (Response due August 19, 2020)
Jul 23, 2020
Waiver of right of respondents Governor Gretchen Whitmer, Attorney General Dana Nessel, and MLCC Chairperson Pat Gagliard to respond filed.
Jul 23, 2020
Waiver of right of respondent Michigan Beer & Wine Wholesalers Association to respond filed.
Jul 29, 2020
DISTRIBUTED for Conference of 9/29/2020.
Aug 18, 2020
Brief amici curiae of 23 Wine Consumers filed. (Distributed)
Aug 18, 2020
Brief amicus curiae of National Association of Wine Retailers filed. (Distributed)
Sep 9, 2020
Response Requested. (Due October 9, 2020)
Sep 14, 2020
Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
Sep 15, 2020
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
Sep 17, 2020
Motion of respondent Michigan Beer & Wine Wholesalers to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
Sep 18, 2020
Motion of respondent Michigan Beer & Wine Wholesalers to extend the time to file a response is granted and the time is extended to and including November 9, 2020, for all respondents.
Nov 9, 2020
Brief of respondent Michigan Beer & Wine Wholesalers Association in opposition filed.
Nov 9, 2020
Brief of respondents Governor Gretchen Whitmer, Attorney General Dana Nessel, and MLCC Chairperson Pat Gagliard in opposition filed.
Nov 23, 2020
Reply of petitioners Lebamoff Enterprises, Inc., et al. filed. (Distributed)
Nov 24, 2020
DISTRIBUTED for Conference of 12/11/2020.
Dec 8, 2020
Rescheduled.
Jan 4, 2021
DISTRIBUTED for Conference of 1/8/2021.
Jan 11, 2021
Petition DENIED.

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