First Page
429
Abstract
Wine retail shops face a dizzying labyrinth of state laws that severely restrict their ability to ship wine to out-of-state consumers. While the dormant Commerce Clause would normally strike down laws that impose restrictions on interstate commerce, wine (and alcoholic beverages) must contend with Section Two of the Twenty-first Amendment, which gives the states control over the importation and distribution of wine intending to be consumed within their borders. Court of Appeals cases interpreting Supreme Court precedent on the tension between the dormant Commerce Clause and Section Two have practically stripped the dormant Commerce Clause of any power. This Note critiques Court of Appeals decisions which have impermissibly relegated the dormant Commerce Clause to a mere afterthought. Additionally, this Note encourages courts to adopt a stronger, more onerous dormant Commerce Clause analysis – one that, in the end, is more faithful to the Supreme Court precedent they purport to obey. In doing so, courts can remove the shackles that stringent, discriminatory wine laws impose and mend an unjustifiably splintered market.
Recommended Citation
Alexander Fallone,
Wine Unwelcome: The Constitutional Contours of Wine Regulation,
19 Brook. J. Corp. Fin. & Com. L.
429
().
Available at:
https://brooklynworks.brooklaw.edu/bjcfcl/vol19/iss2/5
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