Walmart v. Texas Alcoholic Beverage Commission

  • Court: U.S. Court of Appeals for the Fifth Circuit 
  • Issue: Competition 
  • Status: Pending

Question Presented:

1) Whether the Texas statutes violate the Dormant Commerce Clause and 2) whether the State's protectionist laws are invalid under the Equal Protection Clause

RLC's Position:

The Retail Litigation Center joined the Pacific Legal Foundation in filing the attached amici brief in the 5th Circuit in support of Walmart in Wal-Mart Stores Inc., et al. v. Texas Alcoholic Beverage Commission , et. al., & Texas Package Stores Association Inc. Walmart successfully challenged Texas laws for licensing of stores that sell spirits. The district court agreed in part with the basis for Walmart’s constitutional challenges to Texas law governing licensing for stores that sell alcoholic beverages and on that basis struck down the offending law. 

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