Legal Opinion · Dissent
J.A.J. Liquor Store, Inc. v. New York State Liquor Authority
New York Court of Appeals
Decided April 2, 1985Published
1DissentKaye, J.
I would affirm the Appellate Division orders for the reasons stated by Justice Lawrence J. Bracken (102 AD2d 240) and Justice E. Leo Milonas (102 AD2d 607).
The 21st Amendment does not vest States with unlimited power to regulate alcoholic beverages in disregard of Federal law. Rather, when such regulation is challenged we must make a “pragmatic effort to harmonize state and federal powers” (California Liq. Dealers v Midcal Aluminum, 445 US 97, 109), and to determine “whether the interests implicated by a state regulation are so closely related to the powers reserved by the Twenty-first…
2Cases cited5 opinions
- Monsanto Co. v. Spray-Rite Service Corp.Supreme Court of the United States · 1984
- California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
- Capital Cities Cable, Inc. v. CrispSupreme Court of the United States · 1984
- 324 Liquor Corp. v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1984
- J.A.J. Liquor Store, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1984