Wine Opinions Links
Lyle will be discussing below the wine ruling, which is the only opinion of the day. The majority is Kennedy (author), Scalia, Souter, Ginsburg, and Breyer. The dissent is Rehnquist, Stevens, O’Connor, and Thomas. Here is the syllabus. Here is the majority (per Kennedy). Here is the lead dissent (per Thomas). Here is another dissent (per Stevens).
Article on Wine and Commerce Clause:
My most recent article on wine regulation and the commerce clause has been posted on the website of the NYU Journal of Law & Liberty. It is available here. An updated versi…
Comment by The Volokh Conspiracy — May 16, 2005 @ 10:31 am
Worth noting that this opinion means TG is 1-for-1 on his predictions (found far below). I’m still waiting to hear from Stevens whether beef is more like peaches or mushrooms….
Comment by Anonymous clerk — May 16, 2005 @ 11:06 am
Victory for Vintners
The first time I ever remember be in a courtroom was just after graduating high school when I went up to Chicago with my father to see him argue Bridenbaugh v. Freeman-Wilson in front of Judge Easterbrook on the 7th…
Comment by Crescat Sententia — May 16, 2005 @ 11:33 am
Victory for Vintners
The first time I ever remember be in a courtroom was just after graduating high school when I went up to Chicago with my father to see him argue Bridenbaugh v. Freeman-Wilson in front of Judge Easterbrook on the 7th…
Comment by Crescat Sententia — May 16, 2005 @ 11:33 am
This case appears, at first glance, to be a legal win for the distributors, even if it is a P.R. victory for small wineries.
Comment by John Kelly — May 16, 2005 @ 11:39 am
O’Connor against the grain
The wine shipment opinion is out (link is to syllabus PDF, see here for links to all opinions), and far more learned analysis of it will come from elsewhere than here. I will just point out that it includes two rare Ms. Justice O’Connor-related feature…
Comment by New World Man - anything can happen — May 16, 2005 @ 12:29 pm
You Wine Some, You Lose Some
Justice Kennedy wrote the majority opinion in today’s decision in Granholm v. Heald, the wine-shipping cases, with the Court holding that the Twenty-first Amendment does not trump the Commerce Clause when the two come in conflict. As I explain in…
Comment by Law Dork, J.D. — May 16, 2005 @ 1:10 pm
SUPREME COURT’S DECISION TO FREE THE GRAPES
Lynne Kiesling Today the Supreme Court struck down the interstate wine shipment bans in several U.S. states. SCOTUSblog has the links to the decision documents. I’ve posted frequently here on the topic. According to this Wired story, By a 5-4…
Comment by Knowledge Problem — May 16, 2005 @ 1:12 pm
Supreme Court Strikes Down Out-of-State Wine Laws
SCOTUSblog is reporting that the Supreme Court has struck down the two state laws that banned the direct sale of wine to consumers from out…
Comment by A Stitch in Haste — May 16, 2005 @ 1:22 pm
The Grapes Are Free!
Wine lovers rejoice! For several years I have been a proponet of the cause supported by the group Free The Grapes, namely, reasonable direct shipment of wine between states. The Supreme Court, after a string of lousy decisions, got one right this tim…
Comment by Secure Liberty — May 16, 2005 @ 2:19 pm
Background on the Supreme Court Wine Shipment Decision
My TCS columns discuss the legal issues:Bacchus Bytes Back The Grapes of Protectionist WrathSCOTUS blog has links to the pdf files of the Supreme Court’s opinions.
Comment by ProfessorBainbridge.com — May 16, 2005 @ 3:00 pm
One nation, under the influence
As for the court’s reasoning, from what I’ve read, I have no qualms with it. It seems eminently reasonable to interpret the Twenty-First Amendment in a way that is consistent with the rest of the Constitution, especially the power of Congress to regu…
Comment by the pilcrow press — May 16, 2005 @ 3:16 pm
Like everyone else who follows the Court, I am always fascinated by an unusual 5-4 split. I do not recall having seen another case with this particular alingment of Justices (although I have not checked to see if it has happened before). Booker, Blakely, Kyllo and the Playboy case are some of the others that grabbed my attention with an interesting division between the majority and dissenting opinions. In my opinion, those cases that depart from the most common 5-4 split (The Rehnquist Five, as some have called it) tend to demonstrate the extraordinary jurisprudential depth that has resulted from the interaction of these nine Justices during the past decade.
Comment by Anonymous — May 16, 2005 @ 10:21 pm
Wine In The News
I was pleasantly surprised to see my parish from back in Erie featured in the Erie Times today. The feature story discussed First Communion and had a picture of a beautiful little girl recieving the Body of Christ from Fr….
Comment by RichardZ.com — May 16, 2005 @ 10:39 pm
Pop a Cork
From the standpoint of outcome, a great decision. Pop a cork on that California wine delivered directly to your door. And drink a toast to the late, great Constitution.
Comment by Vote for Judges — May 17, 2005 @ 10:46 am