U.S. Supreme Court to Review State Residency Requirements

The U.S. Supreme Court has granted a petition filed by the Tennessee Wine and Spirits Retailers Association to review conflicting lower court decisions, the most recent of which invalidated Tennessee’s two-year residency requirement for retail license applicants. The resolution of the issue that has split lower courts on the narrow residency matter, whether the non-discrimination principle of the “dormant” Commerce Clause applies not only to producers and products but to state laws regulating the wholesale- and retail-tiers of the industry, could have more far-reaching consequences including as to whether an out-of-state retailer has a right to ship direct to consumers within a state that allows that ability for in-state retailers.

Links

  1. granted a petition

Pete Johnson serves as the State & Regulatory Affairs Manager for the Brewers Association. He joined the BA at its inception in 2005, having previously worked as Programs Director for the Brewers Association of America. Before coming to the small brewing industry in 2001, Pete worked for 14 years with both state and federal elected officials in Pennsylvania and Washington, D.C.

See Pete Johnson's recent articles and activities