"History is a wonderful thing, if only it was true"

Monday, May 16, 2005

At first it looks like a Victory, but may be a can of worms

Supreme Court Strikes Down Bans on Wine Shipments - New York Times:

"In a 5-to-4 decision that struck down laws in New York and Michigan, and by extension calls into question the laws in 22 other states, the court held that laws that discriminate against out-of-state vineyards violate the Constitution's Commerce Clause, which empowers Congress to regulate interstate commerce.

'Laws such as those at issue contradict the principles underlying this rule by depriving citizens of their right to have access to other states' markets on equal terms,' the majority held, in an opinion by Justice Anthony M. Kennedy.

Today's ruling does not leave state lawmakers powerless to regulate direct shipments of alcohol, but if they do so they must not favor their own states over other states. Indeed, Nida Samona, the chairwoman of the Michigan Liquor Control Commission, told The Associated Press that her commission would urge lawmakers to bar direct shipments for both local and out-of-state wineries."

Hopefully it helps smaller, quality producers like Larry Mawby
Mawby Vineyards

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