| No. 03-1274 | |
| Title: | Juanita Swedenburg, et al., Petitioners v. Edward D. Kelly, Chairman, New York Division of Alcoholic Beverage Control, State Liquor Authority, et al. |
| Docketed: | March 11, 2004 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (02-9511, 03-7089) |
| Decision Date: | February 12, 2004 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 05 2004 | Petition for a writ of certiorari filed. (Response due April 12, 2004) |
| Mar 19 2004 | Brief of Private Respondents in opposition filed. |
| Mar 22 2004 | Brief of respondents State of New York in opposition filed. |
| Mar 30 2004 | Reply of petitioners Juanita Swedenburg, David Lucas, Patrick G. Fitzgerald, Cortes DeRussy, and Robin Brooks filed. |
| Apr 01 2004 | Waiver of right of respondent Local 2D of the UFCW to respond filed. |
| Apr 20 2004 | DISTRIBUTED for Conference of May 13, 2004. |
| May 17 2004 | DISTRIBUTED for Conference of May 20, 2004. |
| May 24 2004 | Petition GRANTED limited to the following Question: "Does a State's regulatory scheme that permits in-state wineries directly to ship alcohol to consumers but restricts the ability of out-of-state wineries to do so violate the dormant Commerce Clause in light of Sec. 2 of the 21st Amendment?" This case is consolidated with Nos. 03-1116 and 03-1120 and a total of one hour is allotted for oral argument. |
| Jun 10 2004 | Motion for realignment of the parties and to set a briefing schedule filed by respondent the parties. VIDED. |
| Jun 14 2004 | Response to motion for realignment of the parties and to set a briefing schedule filed by Swedenburg, et al. |
| Jun 14 2004 | Response to motion for realignment of the parties and to set a briefing schedule filed by Heald, et al. |
| Jun 28 2004 | Motion for realignment of the parties and to set a briefing schedule DENIED. |
| Jun 28 2004 | Extension of time within which to file the joint appendix and petitioners' briefs on the merits to and including July 29, 2004. |
| Jun 28 2004 | Extension of time within which to file respondents' briefs on the merits to and including September 23, 2004. |
| Jul 09 2004 | Consent to the filing of any amicus briefs in (03-1274) and in consolidated cases (03-1116 and (03-1120) received from counsel for Private Respondents. |
| Jul 13 2004 | Consent to the filing of any amicus briefs in (03-1274) and in consolidated cases (03-1116) and (03-1120) received from counsel for State Respondents, Kelly, et al. |
| Jul 14 2004 | Consent to the filing of any amicus briefs in (03-1274) and in consolidated cases (03-1116) and (03-1120) received from counsel for petitioners, Swedenburg, et al.. |
| Jul 19 2004 | Blanket consent to the filing of all amicus briefs in support of either party received from counsel James Tanford, Thomas Casey, and Anthony Kogut in Cases No, 03-1116, 03-1120, and 03-1274. |
| Jul 26 2004 | Brief amici curiae of National Beverage Control Association, et al. filed. VIDED. |
| Jul 29 2004 | Brief of petitioners Juanita Swedenburg, David Lucas, Patrick G. Fitzgerald, Cortes DeRussy, and Robin Brooks filed. |
| Jul 29 2004 | Brief amicus curiae of Illinois Alcoholism and Drug Dependence Association filed. VIDED. |
| Jul 29 2004 | Brief amici curiae of Wine and Spirits Wholesalers of America, et al. filed. VIDED. |
| Jul 29 2004 | Joint appendix filed. |
| Jul 29 2004 | Brief amicus curiae of Millbrook Vineyards & Winery filed. |
| Jul 29 2004 | Brief amicus curiae of Virginia Wineries Association filed. |
| Sep 23 2004 | Brief of Private Respondents filed. |
| Sep 23 2004 | Brief of respondents State of New York filed. |
| Sep 23 2004 | Brief amicus curiae of Beer Institute filed. |
| Sep 29 2004 | SET FOR ARGUMENT ON Tuesday, December 7, 2004. |
| Oct 01 2004 | CIRCULATED. |
| Oct 07 2004 | Motion to reorder presentation of oral argument and for divided argument filed by respondent Granholm, et al., MI Beer and Wine Wholesalers, Swedenburg, et al., and Kelly, et al. VIDED. |
| Oct 18 2004 | Response to motion to Reorder, etc. from respondents Eleanor Heald, et al. filed. VIDED. (Distributed) |
| Oct 27 2004 | Reply of 03-1274 petitioners Juanita Swedenburg, David Lucas, Patrick G. Fitzgerald, Cortes DeRussy, and Robin Brooks filed. (Distributed) |
| Oct 28 2004 | Reply of related petitioners filed. VIDED. (Distributed) |
| Nov 01 2004 | Motion to reorder presentation of oral argument and for divided argument GRANTED. |
| Nov 10 2004 | Record received from U.S.C.A. 2nd Circuit. (1 box and 1 envelope) |
| Nov 22 2004 | Record received from U.S.D.C. Southern District of New York. (2 boxes) |
| Dec 07 2004 | Argued. For petitioners in 03-1274: Clint Bolick, Washington, D.C. For respondents in 03-1116 & 03-1120: Kathleen Sullivan, Palo Alto, Calif. For petitioners in 03-1116 & 03-1120: Thomas L. Casey, Solicitor General, Lansing, Mich. For respondents in 03-1274: Caitlin Halligan, Solicitor General, New York, N.Y. |
| May 16 2005 | Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Scalia, Souter, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which O'Connor, J., joined. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Stevens and O'Connor, JJ., joined. |
| Jun 17 2005 | JUDGMENT ISSUED. |
| Jun 24 2005 | Record returned to U.S.C.A. - 2nd Circuit. |
| Jun 24 2005 | Record returned to U.S.C.A. - for the Southern District of New York. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Clint Bolick Counsel of Record | Goldwater Institute Scharf-Norton Center for Constitutional Litigation 500 E Coronado Road Phoenix, AZ 85004 cbolick@goldwaterinstitute.org | (602) 462-5000 |
| Party name: Juanita Swedenburg, David Lucas, Patrick G. Fitzgerald, Cortes DeRussy, and Robin Brooks | ||
| Attorneys for Respondents | ||
| Miguel A. Estrada Counsel of Record | Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, N.W. Washington, DC 20036-5306 mestrada@gibsondunn.com | (202) 955-8500 |
| Party name: Edward D. Kelly, Chairman, New York Division of Alcoholic Beverage Control, State Liquor Authority, et al. | ||
| James M. Goldberg | Goldberg & Associates PLLC Suite 1000 1101 Connecticut Avenue, NW Washington, DC 20036 | (202) 628-2929 |
| Party name: National Beverage Control Association, et al. | ||
| Caitlin Joan Halligan | Office of the Attorney General 120 Broadway, 25th Floor New York, NY 10271 | (212) 416-8069 |
| Party name: State of New York | ||
| J. Warren Mangan | O'Connor & Mangan, PC One Hunter Street Long Island City, NY 11101 | (718) 361-7950 ext. 15 |
| Party name: Local 2D of the UFCW | ||
| James A. Tanford | 211 South Indiana Avenue Bloomington, IN 47405 | |
| Party name: Eleanor Heald, et al. | ||
| Other | ||
| Thomas A. Bowden | 20 South Charles Street 8th Floor Sun Life Building Baltimore, MD 21201 | (410) 727-4300 |
| Party name: Virginia Wineries Association | ||
| Steven G. Brody | King & Spalding LLP 1185 Avenue of the Americas New York, NY 10036 | (212) 556-2100 |
| Party name: Beer Institute | ||
| H. Bartow Farr III. | Farr & Taranto 1150 18th Street, N.W., Suite 1030 Washington, DC 20036-2435 farrandtaranto@aol.com | (202) 775-0184 |
| Party name: Wine and Spirits Wholesalers of America, et al. | ||
| Robert S. Getman | 359 West 29th Street New York, NY 10001 | (212) 594-6732 |
| Party name: Millbrook Vineyards & Winery | ||
| Claudette P. Miller | Ungaretti & Harris 3500 Three First National Plaza Chicago, IL 60602 | (312) 977-4390 |
| Party name: Illinois Alcoholism and Drug Dependence Association | ||