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Wine (alt.food.wine) Devoted to the discussion of wine and wine-related topics. A place to read and comment about wines, wine and food matching, storage systems, wine paraphernalia, etc. In general, any topic related to wine is valid fodder for the group. |
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From one of the legal papers, here's as summary of the issue as pending at the
US Supreme Court: "The wine dispute pits the Constitution's commerce clause, which gives Congress the power to regulate interstate commerce, against the 21st Amendment. That amendment ended Prohibition in 1933 and gave states considerable power to regulate the transport of alcoholic beverages. The court, in granting review in the wine cases, consolidated them and asked parties to confine their arguments to the following question: €śDoes a state's regulatory scheme that permits in-state wineries directly to ship alcohol to consumers but restricts the ability of out-of-state wineries to do so violate the dormant commerce clause in light of Sec. 2 of the 21st Amendment?€ť The dormant commerce clause doctrine generally prohibits state actions affecting interstate commerce, unless Congress has affirmatively authorized states to regulate a given area." Not an easy question, esp. since this court has been very protective of states rights as well often recognizing the dormant commerce clause. |
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