In case you don’t want to read through this, the majority of the reasoning allowing discrimination between in-state and out-of-state liquor retailers in this opinion rests on the rationale that requiring alcohol be purchased from in-state wholesalers is a legitimate exercise of state power under the 21st Amendment separating in-state and out-of-state circumstances and thereby supporting a Commerce Clause violation. SCOTUS and other circuit precedent are interpreted to allow such requirements as proper abrogrations of the Commerce Clause authorized by the 21st Amendment.  The basic legal analysis is that because dicta allows a three-tier system and because a wholesaler requirement… Continue Reading 6th Circuit rules in favor of 3-tier system blocking access to out-of-state liquor retailers in Michigan case looking to allow out-of-state retailers to deliver to in-state consumers where in-staters have that privilege.