There is an old move in appellate practice: when the facts do not go your way, make the case sound bigger than the facts. Call it a split. Call it sovereignty. Call it the sky falling.
That is what Ohio is trying to do in its new cert petition in Yost v. Miller and House of Glunz. Ohio says the Sixth Circuit created a seven-to-one circuit split when it struck down Ohio’s ban on direct wine shipments from out-of-state retailers and its six-bottle limit on wine personally brought into Ohio from out of state. The petition frames the
Continue Reading Ohio Wine Shipping Case: Circuit Split or Sour Grapes?
