On June 26, 2019, the Supreme Court, by a vote of 7-2, declared that two-year durational residency requirements for obtaining a retail liquor license are unconstitutional. In a decision written by Justice Alito, the Court held that it is a violation of the dormant Commerce Clause to discriminate in favor of in-state residents, even if this discrimination involves alcohol. After all, as Justice Alito wrote, there is no evidence that the Twenty-First Amendment "was understood to give States the power to enact protectionist laws." If there is no "demonstrable connection" to health and safety interests, Section 2 of the Twenty-First Amendment cannot save them.
Michael Bindas, the lead counsel for one of the respondents, will discuss the opinion and the dissent, written by Justice Gorsuch.
Featuring:
Michael Bindas, Senior Attorney, Institute for Justice

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