Donald H. BESKIND; Karen Bluestein; Michael D. Casper, Sr.; Michael Q. Murray; D. Scott Turner; Michael J. Wenig; Mary A. Wenig; Oakstone Winery, Incorporated, Plaintiffs-Appellees, and
I. Roger Scarborough, Plaintiff,
v.
Michael F. EASLEY, in his official capacity as Governor of North Carolina; Roy Cooper, in his official capacity as Attorney General of North Carolina; Bryan E. Beatty, in his official capacity as Secretary of the North Carolina Department of Crime Control and Public Safety; Ann Scott Fulton, in her official capacity as Interim Chairman of the North Carolina Alcoholic Beverage Control Commission, Defendants-Appellants.
National Alcohol Beverage Control Association, Incorporated; State of Michigan; National Conference of State Liquor Administrators; Wine & Spirits Wholesalers of America, Incorporated; National Association of Beverage Importers; National Association of Beverage Retailers; National Beer Wholesalers Association; National Licensed Beverage Association; Presidents' Forum of The Beverage Alcohol Industry, Amici Supporting Appellants.
Juanita Swedenburg; Swedenburg Winery; David Lucas; The Lucas Winery; Family Winemakers of California; Coalition For Free Trade, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: January 22, 2003.
Decided: April 8, 2003.
Attorney(s) appearing for the Case
ARGUED: James Peeler Smith, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. James Alexander Tanford, Indiana University School of Law, Bloomington, Indiana, for Appellees. ON BRIEF: Roy Cooper, Attorney General of North Carolina, Isaac Avery, Special Deputy Attorney General, Amy Yonowitz, Assistant Attorney General, Brian Blankenship, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Robert D. Epstein, Epstein & Frisch, Indianapolis, Indiana, for Appellees. James M. Goldberg, Goldberg & Associates, P.L.L.C., Washington, D.C., for Amici Curiae Beverage Control Association, et al. Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Irene M. Mead, Assistant Attorney General, Michigan Department of Attorney General, Lansing, Michigan, for Amicus Curiae Michigan. Louis R. Cohen, C. Boyden Gray, Scott A. Shepard, Wilmer, Cutler & Pickering, Washington, D.C.; M. Craig Wolf, Wine & Spirits Wholesalers of America, Inc., Washington, D.C., for Amici Curiae Wholesalers, et al. Clint Bolick, William H. Mellor, Steven M. Simpson, Institute for Justice, Washington, D.C., for Amici Curiae Swedenburg, et al. Tracy S. Carlin, Foley & Lardner, Jacksonville, Florida; Kevin M. Fong, Pillsbury Winthrop, L.L.P., San Francisco, California, for Amici Curiae Winemakers, et al.
Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.
OPINION
NIEMEYER, Circuit Judge:
The plaintiffs, a California winery and individual oenophiles, commenced this action challenging the constitutionality of North Carolina's Alcoholic Beverage Control ("ABC") laws as they apply to the direct shipment of wine to consumers, which prohibit the importation...
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