Interstate Wine Sales US Supreme Ct

US Supreme Court today permitted the sale of out-of-state direct
alcoholic beverage products purchases (imports) after concluding that
prior state practices inuniformly violated the Comemrce Clause. Link
for opinion at FindLaw below:

<a
href=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-1116>http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-1116
-- case Opinion at FindLaw</a>

I agree with the case opinion's ruling as harmonising the 21st
Amendment's compromise approach to permit the states to unilaterally
determine internal manufacture and sale of intoxicating beverages with
intertstae commerce and internal regulation. Particularly noting that
-- the 21st amendment and federal laws pertinent thereto were never
intended to provide an internal protected market -- ie to raise a
barrier or tariff -- inconsistent with the 'commerce clause' when the
state decided to allow intoxicateing beverage sales. Once permitted and
regulated --the Court affirmed again today --that the state may not bar
nor unfairly discriminate among suppliers as to place of origin (ie
disfavoring out-of state sources).

NB that the statues cited 'Wilson Act' & 'Webb' do not dis-empower the
state from barring an importation of intoxicated beverages to the
affected state in violation of a proper state law -- such as a case
where one state's 'under-21' residents would be importing from a state
which permits that sale form -- but their state of import bars under 21
alcoholic beverage consumption. The laws cited 'bar' the use of the
'commerce clause' to interfere with their alcoholic beverage regulatory
schemes - but not to favor an in-state product against an out-of state
product.

In the case litigated -- Michigan and New York asserted the power under
the Webb & Wilson laws construing the 21st amendment as allowing them to
regulate and permit direct consumer purchase of instate winery/brewery
products -- but to not permit out of state products.

Where the state has opened the market -it must open it to full
interstate commerce - save where the wholesale or manufacture options
are reserved to the state alone.