• Home
  • Illinois News
  • Illinois Politics
  • US Politics
  • US NEWS
  • America First
  • Opinion
  • World News
  • Second Amendment
Wednesday, May 21, 2025
Illinois Review
  • Login
  • Register
  • Home
  • Illinois News
  • Illinois Politics
  • US Politics
  • US NEWS
  • America First
  • Opinion
  • World News
  • Second Amendment
No Result
View All Result
  • Home
  • Illinois News
  • Illinois Politics
  • US Politics
  • US NEWS
  • America First
  • Opinion
  • World News
  • Second Amendment
No Result
View All Result
Illinois Review
No Result
View All Result
Home Illinois News

Supreme Court Blasts Economic Protectionism as it Strikes Down Durational Residency Requirements for Business Licenses

Illinois Review by Illinois Review
July 3, 2019
in Illinois News
Reading Time: 3 mins read
A A
0
26
SHARES
431
VIEWS
Share on FacebookShare on Twitter

12112018-Doug-Ketchum-008-.jpg--e1545326781330-300x160State authority to regulate liquor is not a license for protectionism. John Kramer writes on the Supreme Court’s decision Wednesday in Tennessee Wine and Spirits Retailers Association v. Thomas.

You might also like

Justice Department Launches Investigation Into Chicago Mayor Johnson’s Employment Practices

Speaker Welch Strips Latino Committee Chair of Leadership for Defending Taxpayer Money, Cites Unanswered Calls

Ex-Deerfield HS Coach Charged with Child Pornography Months After Middle School Sparked National Outrage After Forcing Girls to Change in Front of Transgender Boy

By a 7-2 margin, the U.S. Supreme Court today issued a broadside against state-based economic protectionism as it struck down a Tennessee law that had required anyone seeking a retail liquor license to first reside in the state for two years—and 10 years before they could renew it.

“To put it mildly, today’s opinion by Associate Justice Samuel Alito and the six justices of the Court who joined with him was an indictment against in-state economic protectionism,” said Anya Bidwell, an attorney with the Institute for Justice (IJ), which litigated the case on behalf of Doug and Mary Ketchum.

The Ketchums own Kimbrough Wines & Spirits, a mom-and-pop liquor shop in Memphis, Tennessee, which they purchased in 2016 after moving from Utah. Because they had moved from out of state, the Tennessee Wine & Spirits Retailers Association—a special interest group that exists to protect its members from competition—threatened to sue the Tennessee Alcoholic Beverage Commission if it granted the Ketchums’ application or a separate application submitted by Total Wine around the same time. At that point, the Commissioner himself went to court and asked it to resolve, once and for all, whether Tennessee’s durational residency requirements were constitutional.

The Ketchums and Total Wine won in the federal trial court and before the 6th U.S. Circuit Court of Appeals, and then the liquor cartel appealed the case to the U.S. Supreme Court seeking to preserve its state-based economic protectionist scheme.

The Retailers’ Association tried to defend Tennessee’s durational residency requirements as legitimate exercises of Tennessee’s power under the Twenty-First Amendment, which allows states to regulate alcohol distribution. But today the U.S. Supreme Court rejected that contention, writing:

  • Tennessee’s two-year durational residency requirement “violates the Commerce Clause and is not shielded by Section 2 of the Twenty-first Amendment.”
  • Section 2 of the Twenty-First Amendment “is not a license to impose all manner of protectionist restrictions on commerce in alcoholic beverages.” Tennessee’s law “blatantly favors the State’s residents and has little relationship to public health and safety.”
  • The “Commerce Clause by its own force restricts state protectionism.”
  • “Removing state trade barriers was a principal reason for the adoption of the Constitution.”
  • “Tennessee’s 2-year durational-residency requirement plainly favors Tennesseans over nonresidents.”
  • There is no evidence that the Twenty-First Amendment “was understood to give States the power to enact protectionist laws.”

[John Kramer, “Supreme Court Blasts Economic Protectionism as It Strikes Down Durational Residency Requirements for Business Licenses,” Institute for Justice, June 26]

Related

Tags: Illinois Review
Share10Tweet7
Previous Post

Hate Crime Hoaxes Are More Common Than You Think

Next Post

Expert: Christians face being driven out of health care

Illinois Review

Illinois Review

Recommended For You

Justice Department Launches Investigation Into Chicago Mayor Johnson’s Employment Practices

by Illinois Review
May 20, 2025
0
Justice Department Launches Investigation Into Chicago Mayor Johnson’s Employment Practices

By Illinois ReviewOn Monday, the U.S. Department of Justice opened an investigation into Chicago Mayor Brandon Johnson’s hiring practices after he delivered remarks at the Apostolic Church of...

Read moreDetails

Speaker Welch Strips Latino Committee Chair of Leadership for Defending Taxpayer Money, Cites Unanswered Calls

by Illinois Review
May 16, 2025
0
Speaker Welch Strips Latino Committee Chair of Leadership for Defending Taxpayer Money, Cites Unanswered Calls

By Illinois ReviewHouse Speaker Emanuel “Chris” Welch has thrown the Democratic Party into turmoil by removing a Latino committee chairman from his leadership role for advocating to save...

Read moreDetails

Ex-Deerfield HS Coach Charged with Child Pornography Months After Middle School Sparked National Outrage After Forcing Girls to Change in Front of Transgender Boy

by Mark Vargas
May 12, 2025
0
Ex-Deerfield HS Coach Charged with Child Pornography Months After Middle School Sparked National Outrage After Forcing Girls to Change in Front of Transgender Boy

By Illinois ReviewA former Deerfield High School volunteer wrestling coach and district-wide social media coordinator has been arrested and charged with possessing child pornography, according to official statements....

Read moreDetails

Weyermuller: Saint Jude March for Fallen Chicago Police Officers 2025

by Mark Weyermuller
May 8, 2025
0
Weyermuller: Saint Jude March for Fallen Chicago Police Officers 2025

By Mark Weyermuller, Events ContributorLast Sunday, bag pipes and drums led a march to honor Chicago Police Officers who have died in the line of duty over the...

Read moreDetails

Kristi Noem Deports Two During Illinois Visit, Criticizes Pritzker for Sanctuary Policies During Press Conference with Victims’ Families

by Illinois Review
May 7, 2025
0
Kristi Noem Deports Two During Illinois Visit, Criticizes Pritzker for Sanctuary Policies During Press Conference with Victims’ Families

By Illinois ReviewOn Wednesday, Homeland Security Secretary Kristi Noem visited Springfield to meet with families who lost loved ones to crimes committed by undocumented immigrants – cases she...

Read moreDetails
Next Post

Expert: Christians face being driven out of health care

Please login to join discussion

Best Dental Group

Related News

IL Freedom Caucus calls on Lurie Children’s Hospital to cease gender services for kids

October 27, 2022

Beckman: Is the Brigham Young University racial slur controversy another hoax?

October 27, 2022

Salvi polling shows closer race

October 27, 2022

Browse by Category

  • America First
  • Education
  • Faith & Family
  • Foreign Policy
  • Health Care
  • Illinois News
  • Illinois Politics
  • Opinion
  • Science
  • Second Amendment
  • TRENDING
  • US NEWS
  • US Politics
  • World News
Illinois Review

© 2024 llinois Review LLC Editor in Chief Mark Vargas Publisher Thomas McCullagh Chief Counsel Scott Kaspar

Navigate Site

  • Checkout
  • Home
  • Home – mobile
  • Login/Register
  • Login/Register
  • My account
  • My Account-
  • My Account- – mobile

Follow Us

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • Illinois News
  • Illinois Politics
  • US Politics
  • Health Care
  • US NEWS
  • America First
  • Opinion
  • TRENDING
  • Education
  • Foreign Policy
  • Second Amendment
  • Faith & Family
  • Science
  • World News

© 2024 llinois Review LLC Editor in Chief Mark Vargas Publisher Thomas McCullagh Chief Counsel Scott Kaspar

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?