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Costco Decides Not To Take Case To Supreme Court

According to a press release I received today from the National Beer Wholesalers Association, Costco has decided not to seek certiorari to appeal the appellate decision by the Ninth Circuit to the U.S. Supreme Court. This effectively means the matter is over and keeps in place almost all of the state’s regulatory power over alcohol. As almost every other state breathed a heavy sigh of relief, the NBWA “applauded” Costco’s decision, saying it was “a win for the people of Washington state.” From the press release:

[The earlier] Ninth Circuit Court of Appeals [ruling affirmed] the right of states to regulate alcohol consistent with the 21st Amendment to the U.S. Constitution. The Ninth Circuit’s opinion unequivocally upholds Washington’s uniform pricing rule, delivered pricing requirement, volume discount ban, credit prohibition, central warehousing ban, minimum mark-up and retail-to-retail sales ban.

“Alcohol is different from other products available to consumers, and it should be regulated differently,” said NBWA President Craig Purser. “The Ninth Circuit’s ruling upholds the right of states to set alcohol policy. America’s beer distributors will continue to support state-based alcohol regulation that works to keep communities safe.”


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