to Brief in Opposition 11a; see also id., at 12a (citing Jelovsek v. Bredesen, 545 F.3d 431, 435 (CA6 2008)). Dormant Commerce Clause challenges also reached the Court. 728, And if residency requirements are problematic, what about simple physical presence laws? The judgment of the Court of Appeals for the Sixth Circuit is affirmed. 170 U.S. 438, 444–445 (1898)). We therefore hold that this provision violates the Commerce Clause and is not saved by the Twenty-first Amendment.[22]. 100 U.S. 434, 440 (1880), for example, the Court wrote that state protectionist measures, “if maintained by this court, would ultimately bring our commerce to that ‘oppressed and degraded state,’ existing at the adoption of the present Constitution, when the helpless, inadequate Confederation was abandoned and the national government instituted.” More recently, we observed that our dormant Commerce Clause cases reflect a “ ‘central concern of the Framers that was an immediate reason for calling the Constitutional Convention: the conviction that in order to succeed, the new Union would have to avoid the tendencies toward economic Balkanization that had plagued relations among the Colonies and later among the States under the Articles of Confederation.’ ” Granholm, 544 U. S., at 472 (quoting Hughes v. Oklahoma, 495 U.S. 423, 432 (1990); id., at 447 (Scalia, J., concurring in judgment)). [3] At that Convention, discussion of the power to regulate interstate commerce was almost uniformly linked to the removal of state trade barriers, see Abel, The Commerce Clause in the Constitutional Convention and in Contemporary Comment, 25 Minn. L. Rev. And as Justice Cardozo once observed, “an intellectual passion . Although it concedes (as it must under Granholm) that §2 does not give the States the power to discriminate against out-of-state alcohol products and producers, the Association presses the argument, echoed by the dissent, that a different rule applies to state laws that regulate in-state alcohol distribution. The language Congress used could not have been plainer: The Act “prohibited” any “shipment or transportation” of alcoholic beverages “into any State” when they are “intended, by any person interested therein, to be received, possessed, sold, or in any manner used . A corporation cannot get a retail license unless all of its officers, directors, and owners of capital stock satisfy the durational-residency requirements applicable to individuals.

State law empowers the relevant authorities to limit both the number of retail licenses and the amount of alcohol that may be sold to an individual. During this period, state laws regulating the alcohol trade were unsuccessfully challenged in this Court on a variety of constitutional grounds. But it has since recognized that §2 cannot be interpreted to override all previously adopted constitutional provisions, scrutinizing state alcohol laws for compliance with, e.g., the Free Speech Clause, 44 Liquormart, Inc. v. Rhode Island, Get Tennessee Wine and Spirits Retailers Association v. Thomas, 139 S. Ct. 2449 (2019), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. But at the same time, the Association claims that §2 protects something that §2’s text, if read literally, does not cover—laws restricting the licensing of domestic retail alcohol stores. Cf. Although some Justices have argued that §2 shields all state alcohol regulation—including discriminatory laws—from any application of dormant Commerce Clause doctrine,[16] the Court’s modern §2 precedents have repeatedly rejected that view.

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