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Alva Mather, DLA Piper

On Sept. 27, the U.S. Supreme Court granted certiorari in the matter Byrd v. Tennessee Wine and Spirits Retailers Association setting up the next major round of constitutional challenges based on the interplay between states’ rights to regulate alcohol within their borders pursuant to the 21st Amendment and the commerce clause’s restrictions on states’ power to discriminate against interstate commerce. While the tension between the 21st Amendment and the dormant commerce clause is not new, how the Supreme Court decides this landmark case will have a significant impact on not only the constitutionally of alcohol beverage laws across the United States, but also on how and who can sell alcohol within each individual state.

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