Monday, May 16, 2005

Court Lets Wine Lovers Buy Out-Of-State


The U.S. Supreme Court ruled today that the grant of authority to states by the 21st Amendment to prohibit importation of alcoholic beverages is subject to the general constitutional restriction on states discriminating against interstate commerce.
"States have broad power to regulate liquor," Justice Anthony Kennedy wrote for the majority. "This power, however, does not allow states to ban, or severely limit, the direct shipment of out-of-state wine while simultaneously authorizing direct shipment by in-state producers."

Justices Antonin Scalia, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer joined in the majority opinion. Justice Clarence Thomas wrote a dissent joined by Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor and John Paul Stevens.


(via The Corner)