Consumers Barred From Receiving Wine Shipments in Arizona
February 18, 2026 (Washington, D.C.) — The Supreme Court of the United States is set to consider a petition for certiorari in the case of Day v. Henry, which, if taken up, would determine whether states may successfully defend discriminatory retailer wine shipping laws by simply declaring them elements of the three-tier system — without any supporting evidence. The National Association of Wine Retailers (NAWR) has submitted an amicus brief to the Court urging the justices to take up this important appeal.
CLICK TO DOWNLOAD THE NAWR AMICUS BRIEF
Twenty-one years after the Supreme Court in Granholm v. Heald ruled that states may not discriminate against out-of-state wine shippers by banning their shipments while allowing shipments from in-state wineries, and six years since the Supreme Court in Tennessee Wine v. Thomas declared that this rule applied to wine retailers, numerous states continue to defend discriminatory wine shipping bans against out-of-state retailers. Multiple Courts of Appeals have ruled on challenges to various states’ retailer wine shipping bans, yet these courts have split on how to evaluate whether the 21st Amendment permits such discrimination. This “circuit split” has created confusion in the retail industry and among states. NAWR is asking the Supreme Court to grant certiorari in Day v. Henry and bring clarity to this question.
Day v. Henry challenges Arizona’s discriminatory ban on wine shipments from out-of-state wine retailers, brought by consumers in the state. On September 25, 2025, the Ninth Circuit Court of Appeals upheld the protectionist retailer shipping ban, adopting the argument that requiring retailers to reside within Arizona before shipping wine to the state’s residents is an inherent part of the “three-tier system,” which the court deemed “unquestionably legitimate.”The NAWR amicus brief argues that other Courts of Appeals have reached the opposite conclusion — ruling that states may not simply claim a discriminatory alcohol law is an essential feature of the three-tier system in order to have it upheld. Rather, those courts have held that states must demonstrate with concrete evidence, not mere speculation, that the discriminatory law advances a legitimate health and safety interest and is not predominantly protectionist.
NAWR is joined by the Manhattan Institute, the Reason Foundation, and a group of wine consumers who have also submitted amicus briefs asking the Supreme Court to take up and decide Day v. Henry.
DISCRIMINATORY WINE SHIPPING LAWS IN NUMEROUS STATES
“Courts across the country that have looked at discriminatory retailer shipping laws in Missouri, North Carolina, Ohio, Rhode Island, and other states have used entirely different standards to judge the constitutionality of these retailer shipping bans,” noted Tom Wark, executive director of NAWR. “We are urging the Supreme Court to bring clarity to this question and, ultimately, to rule that these protectionist wine shipping laws — which harm consumers, retailers, and the wine marketplace — are unconstitutional.”
The NAWR amicus brief highlights the significant damage caused by bans on interstate wine retailer shipping: “By shielding local wholesalers and retailers from interstate competition, such laws eliminate incentives to innovate, expand selection, or improve service. Consumers are left with narrower choices, higher prices, and markets artificially insulated from competition.”
“Wine and spirit wholesalers and protectionist-minded retailers have long supported these wine shipping bans as a way of avoiding legitimate competition in the wine market,” said Wark. “Meanwhile, wine consumers are told they don’t need access to the wider diversity of wines that retailer shipping would provide, and that they should be happy with what is available. NAWR has long stood on the side of free markets, consumer interests, and the rights of independent wine retailers who have a constitutional right to access those markets.”
About NAWR
The National Association of Wine Retailers represents wine merchants of all types nationwide. The Association advocates for free trade, open markets, and reform of the three-tier system. NAWR works through legislative efforts, litigation, and education. For more information, see www.nawr.org
