Indiana Ban on Out-of-State Wine Deliveries Upheld on Appeal

Indiana regulations that bar out-of-state wine retailers from delivering to Hoosiers pass constitutional muster, the US Court of Appeals for the Seventh Circuit found Tuesday, affirming a lower court’s summary judgment in favor of the state.

The unsigned opinion features separate concurrences from judges Frank Easterbrook and Michael Scudder Jr., who reached the same conclusion via different legal reasoning. Both rejected a Chicago company’s arguments that the ban on out-of-state shipping unconstitutionally discriminated against interstate commerce.

Michael Kanne, the third judge assigned to the panel, died in 2022, less than a year after oral arguments.

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