SCOTUS and Wine

Tnanks for the link, Vino. It would appear that certain justices are leaning toward buyers' rights, but one can never be sure.

Dan-O

As a fan of both wine and Constitutional Law, I've been following the arguments as closely as I can. In contrast to previous attempts to overturn the ban on interstate shipping, I believe that this latest challenge stands a chance. The difference as I see it is that this attempt focuses on the protectionist abuses of the 21st amendment and the long-awaited resolution of the commerce clause with the 21st. There can be no doubt that many states use the 21st as a means of economic protectionism, as evidenced by the different treatment of in-state and out-of-state wineries. With luck, that will be sufficient justification for the Supremes to overturn that application of the 21st.

To a succesful outcome, Mark Lipton

It is heartening that at least 4 of the Supremes have made statements from the bench that would indicate that they are against the protectionist laws that they wholesalers have pushed through. But on the other hand, the Court as a group has established a pattern of not making major decisions. At the bottom of this battle is that thing we call "States Rights". The states may argue that the 21st Amendment gives them the right to over ride the Commerce claus of the Constitution but in the long run at least with New York and Michigan, it is about their rights over the Federal rights. The Court will not decide that issue. I think they will remand the Virginia lawsuit back to the state court and the strike down the New York and Michigan cases but in a way that will not set a precedent. Those are both Blue states so maybe they will lock up everyone involved in the case.

In my opinion they will not rule on a national level but only the issue of protection. States with interstate shipping bans will not be allowed intrastate shipping. End of story.

No broad sweeps. Therefore in my state of NC and others like NY and Va that have wineries and local shipping they will have local state decisions to make.

States with low wine production and limited wine sales won't even deal with the issue.

That is my guess. No real ga>

Sorry, I had to much wine tonight...to clarify...

States have a choice of poison to take. Any laws to apply to intrastate must apply to interstate. They then have a choice.

I don't think that the Supreme Court will cross into any percieved areas of State Rights. In the end they will give states the choice of which poison they want to take.

Things are not going so well for the small wineries; Ken Starr has subpoened Justice's O'Connor's dress and robe for a DNA test. Seems she was seen sipping a soda with Justice Thomas