Decided

No. 18-96

Tennessee Wine and Spirits Retailers Association v. Russell F. Thomas, Executive Director of the Tennessee Alcoholic Beverage Commission, et al.

from the United States Court of Appeals for the Sixth Circuit

See other cases from the Sixth Circuit.

Docket Entries

JUDGMENT ISSUED.

Adjudged 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.

Letter advising Clerk of Court of new Executive Director of the Tennessee Alcoholic Beverage Commission filed.

Argued. 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.

Motion for divided argument filed by respondents DENIED.

Motion of Illinois, et al. for leave to participate in oral argument as amici curiae and for divided argument GRANTED.

Reply of petitioner Tennessee Wine and Spirits Retailers Association filed. (Distributed)

Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)

Brief amicus curiae of Cato Institute filed. (Distributed)

Brief amicus curiae of National Association of Wine Retailers filed. (Distributed)

Brief amicus curiae of Law Professors in support of respondent Affluere Investments, Inc. filed. (Distributed)

Brief amicus curiae of Retail Litigation Center, Inc. filed. (Distributed)

Record received from the U.S.C.A. 6th Circuit is electronic.

Brief amici curiae of 81 Wine Consumers filed. (Distributed)

Joint motion for divided argument filed by respondents Affluere Investments, Inc. and Tennessee Fine Wines & Spirits, LLC.

Brief of respondent Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More filed. (Distributed)

Brief of respondent Affluere Investments, Inc. filed. (Distributed)

Brief amicus curiae of Alan B. Morrison filed. (Distributed)

Record requested from the U.S.C.A. 6th Circuit.

CIRCULATED

SET FOR ARGUMENT ON Wednesday, January 16, 2019

Brief amicus curiae of Center for Alcohol Policy filed.

Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (December 13, 2018)

Brief amici curiae of U.S. Alcohol Policy Alliance, et al. filed. (Corrected version submitted.)

Brief amicus curiae of American Beverage Licensees filed. (Distributed)

Amicus brief of Major Brands, Inc. not accepted for filing. (November 30, 2018- Corrected version submitted)

Brief amici curiae of National Conference of State Legislatures, et al. filed.

Brief amicus curiae of National Beer Wholesalers Association filed.

Brief amicus curiae of Open Markets Institute filed.

Brief amici curiae of National Alcohol Beverage Control Association, and National Liquor Law Enforcement Association filed.

Brief amicus curiae of Consumer Action filed.

Brief amicus curiae of Wine and Spirits Wholesalers of America, Inc. filed.

Brief amicus curiae of Wine and Spirits Wholesalers of Tennessee, Inc. filed.

Amicus brief of KHBC PARTNERS II, LTD. not accepted for filing. (November 20, 2018 - Corrected version submitted)

Brief amicus curiae of KHBC Partners II, Ltd. filed. (11/16/2018)

Brief amicus curiae of Michigan Beer and Wine Wholesalers Association filed.

Letter of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioner Tennessee Wine and Spirits Retailers Association filed.

Blanket Consent filed by Respondent, Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission.

Blanket Consent filed by Respondent, Affluere Investments, Inc..

Blanket Consent filed by Respondent, Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More.

Blanket Consent filed by Petitioner, Tennessee Wine and Spirits Retailers Association.

Petition GRANTED.

Waiver of right of respondent Affluere Investments, Inc. to respond filed.

Waiver of right of respondent Clayton Byrd, Executive Director of the Tennessee Alcoholic Beverage Commission to respond filed.

Petition for a writ of certiorari filed. (Response due August 20, 2018)

Application (17A1186) granted by Justice Kagan extending the time to file until July 21, 2018.

Application (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.

Parties

Tennessee Wine and Spirits Retailers Association, Petitioner, represented by Shay Dvoretzky

Affluere Investments, Inc., Respondent, represented by Michael Eugene Bindas

Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More, Respondent, represented by Carter G. Phillips

Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More, Respondent, represented by William James Murphy

Zackary W. Blair, Interim Director of the Tennessee Alcoholic Beverage Commission, Respondent, represented by Sarah Keeton Campbell

Zackary W. Blair, Interim Director of the Tennessee Alcoholic Beverage Commission, Respondent, represented by Joseph F. Whalen III

Amici Curiae

81 Wine Consumers, Amicus Curiae, represented by James Alexander Tanford

Alan B. Morrison, Amicus Curiae, represented by Alan B. Morrison

American Beverage Licensees, Amicus Curiae, represented by Scott A. Keller

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Center for Alcohol Policy, Amicus Curiae, represented by John Cowles Neiman Jr.

Consumer Action, Amicus Curiae, represented by David A. Balto

Illinois, 34 States, and the District of Columbia, Amicus Curiae, represented by Sarah Ann Hunger

Illinois, 34 States, and the District of Columbia, Amicus Curiae, represented by David Leigh Franklin

KHBC PARTNERS II, LTD., Amicus Curiae, represented by Harry Arthur Herzog

Law and Economics Scholars, Amicus Curiae, represented by Andrew Michael Grossman

Law Professors, Amicus Curiae, represented by Jeremy Michael Bylund

Major Brands, Inc., Amicus Curiae, represented by Richard B. Walsh Jr.

Michigan Beer and Wine Wholesalers Association, Amicus Curiae, represented by Anthony S. Kogut

National Alcohol Beverage Control Association, National Liquor Law Enforcement Association, Amicus Curiae, represented by Rachel Sarah Bloomekatz

National Association of Wine Retailers, Amicus Curiae, represented by Paul D. Clement

NATIONAL BEER WHOLESALERS ASSOCIATION, Amicus Curiae, represented by Michael D. Madigan

NATIONAL CONFERENCE OF STATE LEGISLATURES, et al., Amicus Curiae, represented by Richard A. Simpson

Open Markets Institute, Amicus Curiae, represented by John Laughlin Carter

Pacific Legal Foundation, Amicus Curiae, represented by Deborah Joyce La Fetra

Retail Litigation Center, Inc., Amicus Curiae, represented by Kelsi Brown Corkran

U.S. Alcohol Policy Alliance, et al., Amicus Curiae, represented by Allison L. Ehlert

Wine and Spirits Wholesalers of America, Inc., Amicus Curiae, represented by Miguel A. Estrada

Wine and Spirits Wholesalers of Tennessee, Inc., Amicus Curiae, represented by Henry Edward Hildebrand III

 
Last updated: December 12, 2024