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ANVAR v. DWYER

No. 22-1843.

82 F.4th 1 (2023)

Kambis ANVAR and Michelle Drum, Plaintiffs, Appellants, v. Elizabeth K. DWYER, in her official capacity as Interim Director of RI Department of Business Regulation; Peter F. Neronha, in his official capacity as Attorney General of Rhode Island; and Rhode Island Responsible Beverage Alcohol Coalition, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 7, 2023.

Attorney(s) appearing for the Case

James A. Tanford , with whom Robert D. Epstein and Epstein Seif Porter & Beutel, LLP were on brief, for appellants.

Michael W. Field , Assistant Attorney General, with whom Katherine Connolly Sadeck , Assistant Attorney General, was on brief, for appellees Dwyer and Neronha.

Deborah A. Skakel , with whom Blank Rome LLP, Gerald J. Petros , Ryan M. Gainor , and Hinckley Allen & Snyder LLP were on brief, for appellee Rhode Island Responsible Beverage Alcohol Coalition, Inc.

John C. Neiman, Jr. and Maynard Nexsen PC on brief for Center for Alcohol Policy, amicus curiae.

Jacob Hegeman , Frederick R. Yarger , Teresa G. Akkara , and Wheeler Trigg O'Donnell LLP on brief for Wine & Spirits Wholesalers of America, Inc. and American Beverage Licensees, amici curiae.

Before Montecalvo, Selya, and Thompson, Circuit Judges.

This appeal arises out of a challenge to Rhode Island's liquor laws on the ground that consumers are denied access to alcohol deliveries from out-of-state retailers in violation of the Commerce Clause. See U.S. Const. art. I, § 8, cl. 3. With respect to alcoholic beverages, the Twenty-first Amendment...

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