Legal Opinion

Swedenburg v. Kelly

District Court, S.D. New York

Decided November 12, 2002No. 00 Civ. 0778(RMB)PublishedCited by 6 opinions

1Opinion of the Court

DECISION AND ORDER

BERMAN, District Judge.

I. Introduction

This case is one of a series of recent constitutional challenges to state alcoholic beverage control laws, particularly as they relate to the direct shipment of wine. What the cases all have in common is the relationship (and tension) between the Commerce Clause of the United States Constitution, which empowers Congress to regulate commerce among the several states, and the Twenty-first Amendment to the Constitution, which grants to the states the power to regulate the importation and distribution of alcoholic beverages within their…

2Cases cited46 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  5. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970

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3Cited by6 opinions

  1. Swedenburg v. KellyCourt of Appeals for the Second Circuit · 2004
  2. Heald v. EnglerCourt of Appeals for the Sixth Circuit · 2003
  3. Swedenburg v. KellyCourt of Appeals for the Second Circuit · 2004
  4. Granholm v. HealdSupreme Court of the United States · 2005
  5. Heal D v. EnglerCourt of Appeals for the Sixth Circuit · 2003

1 more not listed; retrieve them via the Exa API.

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