WASHINGTON, D.C., 01/12/2021 – Today, Wine & Spirits Wholesalers of America (WSWA) CEO and President Michelle Korsmo issued the below statement regarding the U.S. Supreme Court decision to deny the hearing of Lebamoff v. Whitmer:
“WSWA is pleased that the U.S. Supreme Court denied to hear a case seeking to bypass the state legislative process and push interstate shipping by retailers in the courts. This denial to take on Lebamoff v. Whitmer means the 6th Circuit’s decision in favor of the state of Michigan remains good law and allows other states to interpret the legal standard established in the U.S. Supreme Court’s recent 2019 decision.
Today’s decision by the Supreme Court is another victory for the states’ right to regulate alcohol under the 21st Amendment. In the 6th Circuit opinion that was appealed, Judge Sutton agreed with the arguments presented by WSWA in its amicus brief that the Supreme Court’s 2019 Tennessee Wine & Spirits Retailers Association v. Thomas decision created a “different test” for dormant Commerce Clause challenges related to alcohol laws. Furthermore, the 6th Circuit found that Michigan’s law met the legal standard required by that test.”
For more information:
6th Circuit Opinion on Lebamoff v. Whitmer
WSWA Statement regarding 6th Circuit Opinion on Lebamoff v. Whitmer