Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Commission

Brief for Amici Curiae Retail Litigation Center, Inc.


  • Court: U.S. Supreme Court (cert. stage) (filed: July 13, 2020)
  • Issue: Competition
  • Status: Pending

Question Presented:
Whether Texas’s ban on publicly traded corporations obtaining permits to sell liquor at retail, with the exception of certain in-state corporations grandfathered in, is constitutional under the dormant Commerce Clause despite this Court’s strong suggestion to the contrary in Tennessee Wine and Spirits Retailers Ass’n v. Thomas, 129 S. Ct. 2449, 2460 (2019).
RLC’s Position: 
The RLC filed its brief in opposition to the Fifth Circuit's decision to uphold Texas’s public corporation ban, which prevents many retailers from engaging in the liquor market in violation of the principles of the Commerce Clause.

Lower Court Brief

Please use the DOWNLOAD button below to access the RLC's Brief.


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