Today is Lebamoff Day at the 6th Circuit. The first of the cases currently pending in several circuits brought by out-of-state retailers looking to sell and ship alcoholic beverages to other states’ residents arguing that where states allow their in-state retailers to sell wine, beer, and spirits online and ship or deliver them to residents it is a Commerce Clause violation to not have a mechanism for out-of-state retailers to do the same. This case is about Michigan doing this.

In the 6th Circuit, the plaintiffs filed in Michigan and the federal court, Judge Tarnow, agreed with them – that Michigan’s unequal treatment between in-state and out-of-state alcoholic liquor retailers when it came to the privilege of selling and shipping alcohol to Michigan residents violated the Commerce Clause. The court stayed the order in the plaintiffs’ favor pending appeal to the 6th Circuit. 

The parties have filed their briefs and today was the oral argument.

Here is a the oral argument audio: