Indiana Still Standing on Their Face

On September 11th, the 7th Circuit Court of Appeal said that they will not rehear an appeal concerning the original opinion of the Court in Indiana. The denial to rehear the case confirms that currently it is legally within the power of the State of Indiana to require wineries to ship wine to Indiana consumers only if an initial face-to-face transaction occurs. According to the Family Winemakers of California, this was “due to the fact that there was an insufficient evidentiary record to demonstrate that such a provision discriminated against interstate commerce”. Since a rehearing was denied, the only step remaining for Baude v. Heath would be an appeal to the U.S. Supreme Court.

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  1. The Baude plaintiffs reportedly intend to petition the Supreme Court for certiorari (equivalent to an appeal) before the December 9th deadline. If that is denied, they may try to make the requisite record in the district court on remand. Most requests for Supreme Court review are denied, but the chances would be improved if a decision in another circuit (say, Cherry Hill in the 6th Circuit, which was just argued) reaches an opposite conclusion.

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