News & Analysis as of

Residency Requirements Dormant Commerce Clause

Greenbaum, Rowe, Smith & Davis LLP

Constitutional Challenge to New Jersey Residency Requirement in Medical Aid in Dying Act Rejected

On September 18, 2024, the Honorable RenéeMarie Bumb, the Chief Judge for the U.S. District Court for the District of New Jersey, filed a 59-page opinion along with an Order dismissing the complaint in Govatos challenging the...more

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

Perkins Coie on

On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Foley Hoag LLP - Cannabis and the Law

Maine Drops Residency Requirement Over Constitutionality Concerns

When Maine enacted the Marijuana Legalization Act in 2018 the legislature included one of the most stringent residency requirements in the nation. In order to obtain a license, an applicant had to be majority owned by...more

McDermott Will & Emery

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws

On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s laws permitting in-state retailers to...more

McDermott Will & Emery

Recent Retailer Direct Shipping Opinion Illustrates Stakes in Upcoming Supreme Court Review

McDermott Will & Emery on

The recent US District Court for the Eastern District of Michigan opinion strikes down a Michigan statue and authorizes out-of-state retailers to sell and ship wine directly to Michigan consumers. Lebamoff Enterprises v....more

McDermott Will & Emery

US Supreme Court to Review State Residency Requirements

McDermott Will & Emery on

The “final word” may be in sight in a long-running dispute over state residency requirements imposed on applicants for retail alcohol beverage licenses as well as more fundamental questions about state powers under the 21st...more

McDermott Will & Emery

Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment

On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343. It provides further guidance, at least within the Fifth Circuit, on the...more

Brooks Pierce

Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law

Brooks Pierce on

In a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court...more

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