From the Federalist Society:

Tennessee’s liquor retail licenses require residency within the state, which favors in-state retailers over out-of-state retailers. While the Twenty-first Amendment did grant to the states the power to regulate alcohol, the dormant commerce clause prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce.

Does Tennessee’s durational residency requirement unduly burden interstate commerce? C. Jarrett Dieterle of the R Street Institute explores how the Twenty-first Amendment and the dormant commerce clause interact in Tennessee Wine & Spirits Retailers Association v. Blair. Oral argument is January 16, 2019.

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