Supreme Court: No Certiorari
The Supreme Court has decided that they will not hear the Texas case of Wine Country Gift Baskets.com v. Steen, giving a sigh of relief to distributors. After postponing its order for two weeks, the US Supreme Court has denied cert for out-of-state retailers seeking to ship directly to Texas residents. You'll recall that the Fifth Circuit Court ruled that Texas does not violate the Commerce Clause by allowing in-state retailers to ship direct to consumers but banning out-of-state retailers from doing the same. After three attempts before the 5th Circuit Court of Appeals (the initial appeal, and two petitions for rehearing), Kirkland and Ellis on behalf of Wine Country filed a petition in November asking the US Supreme Court to review the case. And, as we found out this morning, the Court has denied that request
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