Ban On Wine Shipments Found Unconstitutional

from the that-old-interstate-commerce-thing dept

It’s the issue that comes up over and over again when people talk about e-commerce for things like wine. Various states have laws that won’t let out of state winesellers ship into their states. This also applies to other areas such as cigarettes and (would you believe it?) contact lenses. Now a federal judge has ruled that the law in New York banning the shipment of wine into the state is unconstitutional. However, with all the similar cases coming out now, this is likely to be something that we be finally decided until the Supreme Court has a chance to weigh in.

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Comments on “Ban On Wine Shipments Found Unconstitutional”

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DV Henkel-Wallace says:

Bogus ruling

Although I think laws like New York’s are ridiculous, the judge’s ruling is bogus. I just read the 21st amendment at and it says:

Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

It doesn’t say what kind of laws the state might pass, just that such laws are binding.

The judge claims that the state’s laws are unreasonable. I agree, but that’s irrelevant. NY could require that all alcohol must be labeled with the word supercalifragalisticexpealadocious and that would be constitutional too.

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