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21st Amendment chain blocked from federal cold-beer suit

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A magistrate judge has blocked a retail liquor store chain’s bid to join a federal lawsuit filed by convenience stores challenging an Indiana law that forbids them from selling cold beer.

Magistrate Judge Debra McVicker Lynch of the U.S. Court for the Southern District of Indiana on Wednesday issued a 13-page order denying Indianapolis-based 21st Amendment Inc.’s motion to intervene. The suit claims Indiana’s prohibition on groceries and convenience stores selling cold beer violates the equal protection clause of the U.S Constitution and Article 1, Section 1 of the Indiana Constitution.

The 21st Amendment chain of 19 stores sought to intervene on the basis that the statute permitting cold beer sales in package stores is a benefit given in exchange for the limits imposed on them. State laws forbid liquor stores from selling many grocery items or cold bottled water, for example.

Lynch ruled that 21st Amendment was not entitled to intervene in the case because it failed to satisfy the final element of a four-pronged test under Federal Rule of Civil Procedure 24(a)(2): that no existing party represented 21st Amendment’s interest.

Lynch wrote that 21st Amendment “has no right to intervene because Indiana’s Attorney General is actively defending the constitutionality of the laws challenged by the plaintiffs.” Attorney General Greg Zoeller has said his office will defend the statutes and that any changes in the state’s liquor laws should be up to the Legislature.

Allowing 21st Amendment’s intervention in the case would unnecessarily complicate the litigation and delay its resolution, she wrote. She said 21st Amendment may later seek to file an amicus brief.

The case is Indiana Petroleum Marketers and Convenience Store Association, et al. v. Huskey, et al., 1:13-CV-0784.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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