SND: Appeals Court Backs Wine Retailers in Illinois Shipping Case

A lawsuit challenging Illinois’ ban on wine shipping by out-of-state merchants has been sent back to district court
SND: Appeals Court Backs Wine Retailers in Illinois Shipping Case
A federal circuit court will need to revisit Illinois' ban on wine shipping by an Indiana store. (istockphotos)
Nov 29, 2018

The ongoing national debate over interstate retailer shipping took another twist yesterday, as a federal appeals court reversed an earlier decision that had allowed Illinois to bar shipments from out-of-state retailers, as reported by Shanken News Daily, a sister publication of Wine Spectator.

The U.S. Court of Appeals for the Seventh Circuit found that the earlier district court decision in favor of Illinois failed to adequately examine the state’s justifications for the law, which was challenged on Commerce Clause grounds by Indiana chain Cap n’ Cork (Lebamoff Enterprises). But while it overturned the ruling, potentially opening the door to shipments into Illinois from out of state, the appeals court noted that the looming Tennessee v. Byrd case before the Supreme Court could have significant implications for this and other similar cases looking ahead.

The Illinois case stems from the state’s refusal to allow out-of-state retailers to ship to its residents, while allowing shipping by retailers with a physical presence in the state. While Cap n’ Cork and several wine consumers assert that the law is discriminatory and unconstitutional under the Commerce Clause, Illinois says “its restrictions fall within its reserved powers under the 21st Amendment,” in the words of the court.

The appeals court decision continued, “The district court accepted Illinois’ reasoning and dismissed the case with prejudice. We conclude that it was too quick to do so in the face of material contested issues about the necessity for and justifications behind the Illinois statute.”

For more on this case and other legal challenges, read the full story in Shanken News Daily.


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