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Constitutional Law Keyed to Choper
Tennessee Wine and Spirits Retailers Association v. (Thomas) Tennessee Alcoholic Beverage Comm’n
Citation:
204 L. Ed. 2d 801 (2019)Facts
Tennessee law imposed durational residency requirements on persons and entities seeking to operate retail liquor stores, mandating that applicants for an initial license reside in the state for at least two years, and applicants for license renewal reside in Tennessee for ten consecutive years. Additionally, the law required all officers, directors, and stockholders of corporate applicants to satisfy these residency conditions. When Total Wine & More (a national retailer) and Doug and Mary Ketchum (who moved to Tennessee to operate a store) applied for licenses, the Tennessee Alcoholic Beverage Commission (TABC) was ready to approve their applications after the state attorney general issued an opinion that the residency requirements were likely unconstitutional. The Tennessee Wine and Spirits Retailers Association threatened to sue the TABC if it issued the licenses, leading to this litigation over whether the Twenty-first Amendment protects Tennessee’s residency requirements from dormant Commerce Clause scrutiny.
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