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Monday, May 16, 2005

OT: May It Please The Court

Reuters by way of Knowledge Problem: In the cases of Granholm v. Heald and Swedenburg v. Kelly, the Court erased state controls on sales of out-of-state wine. (More from the New York Times and in Volokh Conspiracy.) Here's to your health!

Update: Michael Giberson, also of Knowledge Problem, chimes in.


Comments:
Rob, Your Volokh link also goes to the NYT story.
 
Thanks for that -- the Volokh link is now fixed.
 
Re the split: you can see legally how this could have gone either way, but laws were being so blatently used by the states to impede out-of-state wine sales that it swayed the majority. Every now and then they get one right, and this is one of those cases. A votre santé!
 
It's not often Scalia and Thomas end up on the opposite sides of an issue. Blows my theory that they share a mind meld of some kind.

They do this every so often (on Scalia's orders, I'm guessing) to try to throw us off track. They don't fool me. The next original thought that Thomas has will be his first.
 
It's not strictly true that out-of-stae wine ordering will now be legal. States just have to have the same criteria for in-state and out-of-state wineries. So they either have to all be leagl or all be illegal. Expect several states to shoose the latter option.
 
Actually, someone subsequently suggested to me that what this means is that, for New York and Michigan residents, they may buy wine unfettered across state lines. Other states without indiginous wine industries are likely to be unaffected, or so goes one school of thought.
 

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