After a few weeks off, the Supreme Court was back in action today, handing down a decision that strikes down state attempts to limit the direct-delivery sale of wines from out of state. At issue was whether the states had power to enforce such limitations as a result of the 21st Amendment. In addition to repealing the 18th Amendment (and, therefore, prohibition), the 21st also gave the states power to regulate booze sales. Unfortunately for Michigan and New York (the two states involved in this litigation), the 21st Amendment doesn't trump the Commerce Clause, which prevents them from discriminating against out of state businesses. The fine folks at SCOTUSblog have more detail here.
Monday, May 16, 2005
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