[Jonathan H. Adler] Seventh Circuit Upholds Indiana Alcohol Laws Without a Majority Opinion

[After one judge died, the two remaining judges could not agree on why the state should prevail.]

This week, in Chicago Wine Co. v. Braun, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court decision rejecting a constitutional challenge to an Indiana law barring out-of-state retailers from shipping wine to customers in Indiana. Yet there is no majority opinion of the court.

The case was initially heard by a panel consisting of Judges Kanne, Eaterbrook, and Scudder. After Judge Kanne's death, Judges Easterbrook and Scudder could not agree on why the state should prevail, so the court issued a per curiam noting that the district court was affirmed, and each judge issued an opinion explaining his reasons why that should be.

Dormant commerce clause doctrine is not known for its clarity (nor, some would say, its consistency). This judgment by the Seventh Circuit would seem to support that opinion.

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