Legal Opinion
Wine Country Gift Baskets.Com v. Steen
Court of Appeals for the Fifth Circuit
Decided July 22, 2010No. 08-10146PublishedCited by 1 opinion
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
Appellants’ Petition for En Banc Review is DENIED. We withdraw the prior panel opinion, issued on January 26, 2010, and substitute the following.
This case primarily concerns a Texas law that allows alcohol retailers to ship to the door of their local consumers. Out-of-Texas wine retailers claim that the dormant Commerce Clause requires they be given a supposedly reciprocal right to make direct shipments to any Texas consumer. The district court partly accepted their argument. We hold that the statutes do not run afoul of the dormant Commerce Clause. We…
2Cases cited18 opinions
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Brown-Forman Distillers Corp. v. New York State Liquor AuthoritySupreme Court of the United States · 1986
- New Energy Co. of Indiana v. LimbachSupreme Court of the United States · 1988
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3Cited by1 opinion
- WINE COUNTRY GIFT BASKETS. COM v. SteenCourt of Appeals for the Fifth Circuit · 2010