Irish Liquor Lawyer Authors United States Supreme Court Amicus Brief

July 21, 2021 at 18:52

Irish Liquor Lawyer, Sean O’Leary, recently authored a United States Supreme Court Amicus brief on behalf of the petitioners in the Sarasota Wine Market v. Schmitt case.

This case challenges an Eighth Circuit ruling which upheld a Missouri law which allows in-state retailers to ship wine to Missouri residents but denies this same privilege to out-of-state retailers.

A cert petition was filed by Sarasota Wine Market’s attorney, which request that the Supreme Court grant cert and review the Eighth Circuit’s decision.

Mr. O’Leary’s amicus brief on behalf of Sarasota Wine Market’s cert petition focused on the Eighth Circuit’s position that a Commerce Clause analysis of a discriminatory state law was precluded because the state was protecting an essential element of the three-tier system. Mr. O’Leary stated that “this Court should hear this issue because the Eighth Circuit puts in a new test that the Supreme Court has never opined on or applied in a decision.”

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