In a much-awaited decision, the U.S. Supreme Court has invalidated state laws barring the direct shipment of wine by out-of-state (but not in-state) wineries. Justice Kennedy wrote the opinion for the Court, joined by Justices Scalia, Souter, Ginsburg, and Breyer. The principal dissent by Justice Thomas was joined by Chief Justice Rehnquist and Justices Stevens and O’Connor. The majority opinion is noteworthy for its unequivocal affirmance—the first since 1997—of dormant Commerce Clause and its anti-discrimination rule. The thoughtful dissent expressed no misgivings on that score. Rather, it argues that the Webb-Kenyon Act and the Twenty-First Amendment render the dormant Commerce Clause inapplicable.
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The AEI Federalism Project conducts and sponsors original research on American federalism, with particular emphasis on federal and state business regulation, legal developments and the role of the courts, and the prospects for rehabilitating a constitutional federalism that puts states in competition for productive citizens and businesses. Through its AG Watch, the Federalism Project monitors and comments on the increasingly active role of state attorneys general.
The AEI Federalism Project disseminates its research results and opinions through frequent conferences and other public events; through the Federalism Outlook, a newsletter written by the Project’s Director, Michael S Greve; through its website; and through books and publications in scholarly journals.
Supreme Court UpdateMay 16, 2005 In Vino, Veritasposted by Michael Greve @ 10:55 am |