No. 25-788

Reed Day, et al. v. Ben Henry, in His Official Capacity as Director, Arizona Department of Liquor Licenses and Control, et al.

Lower Court: Ninth Circuit
Docketed: 2026-01-06
Status: Pending
Type: Paid
Amici (3) Experienced Counsel
Tags: alcohol-distribution constitutional-discrimination interstate-commerce state-regulation three-tier-system twenty-first-amendment
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether a physical-presence requirement that discriminates between in-state and out-of-state alcohol retailers can be deemed constitutional under the Twenty-first Amendment solely as an essential feature of a State's three-tier system of alcohol distribution, without concrete evidence establishing that the requirement predominantly promotes a legitimate, nonprotectionist interest such as public health or safety

Docket Entries

2026-02-05
Amicus brief of Manhattan Institute and Reason Foundation submitted.
2026-02-05
Brief amici curiae of Manhattan Institute, et al. filed.
2026-02-03
Amicus brief of National Association of Wine Retailers submitted.
2026-02-03
Brief amicus curiae of National Association of Wine Retailers filed.
2026-01-16
Brief amici curiae of 39 Wine Consumers filed.
2026-01-14
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2026, for all respondents.
2026-01-13
Motion to extend the time to file a response from February 5, 2026 to April 6, 2026, submitted to The Clerk.
2025-12-30
Petition for a writ of certiorari filed. (Response due February 5, 2026)

Attorneys

39 Wine Consumers
J. Gregory TroutmanTroutman Law Office, PLLC., Amicus
J. Gregory TroutmanTroutman Law Office, PLLC., Amicus
Manhattan Institute and Reason Foundation
Ilya ShapiroManhattan Institute, Amicus
Ilya ShapiroManhattan Institute, Amicus
National Association of Wine Retailers
Sean M. O'LearyO'Leary Law and Policy Group, LLC, Amicus
Sean M. O'LearyO'Leary Law and Policy Group, LLC, Amicus
Reed Day and Albert Jacobs
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
State of Arizona
Joshua David Rothenberg BendorOffice of the Arizona Attorney General, Respondent
Joshua David Rothenberg BendorOffice of the Arizona Attorney General, Respondent