For You ConLaw Geeks Out There...
Okay, if anyone other than foofy_attorney, yi_sen or rimbecano has anything to say about this, I'll be surprised, but the Supreme Court just struck down NY's out-of-state Internet wine sales prohibition laws (along with those in 23 other states):
http://www.cnn.com/2005/LAW/05/16/scotus.wine.shipments.ap/index.html
In brief, they said that not letting people buy directly from out-of-state wineries amounts to protectionism, which the Interstate Commerce Clause (and the Dormant Commerce Clause) disallow. Usually the 21st Amendment (which lets every state regulate alcohol sales in its own way) sidesteps this, but the Court says that (apparently) there are limits to the 21st's power over the Commerce Clauses.
Go figure.
The really weird thing about this case, though? The majority opinion was written by Kennedy, Souter, Breyer, Ginsburg and Scalia.
http://www.cnn.com/2005/LAW/05/16/scotus.wine.shipments.ap/index.html
In brief, they said that not letting people buy directly from out-of-state wineries amounts to protectionism, which the Interstate Commerce Clause (and the Dormant Commerce Clause) disallow. Usually the 21st Amendment (which lets every state regulate alcohol sales in its own way) sidesteps this, but the Court says that (apparently) there are limits to the 21st's power over the Commerce Clauses.
Go figure.
The really weird thing about this case, though? The majority opinion was written by Kennedy, Souter, Breyer, Ginsburg and Scalia.