The Electric Commentary

Tuesday, May 17, 2005

A big decision on the Wine Wars.

I'll have more to say about this tomorrow (plus a summary of a talk by Thomas Frank, author of "What's the Matter With Kansas"), but for now, here's law professor and wine connoisseur Stephen Bainbridge:

Indeed, it's not at all certain that consumers in the 24 states that had banned direct to consumer sales will soon be able to buy wine on the internet and have it shipped to their home or office. If the states chose to change their laws so as to ban direct-to-consumer sales by both out-of-state and in-state wineries, those laws almost certainly would be upheld as within the states' powers under the 21st Amendment. Given the considerable power wielded in most of those 24 by the wholesalers and retailers who benefit from bans on direct-to-consumer shipments, as well as lingering Prohibitionist sentiment in some of the more Southern and rural of them, I expect many of the 24 to enact nondiscriminatory bans on direct-to-consumer shipments.

Read the whole thing.


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