Tuesday, December 07, 2004

Wine Importation

Perhaps the lawyers will disagree, but it seems that the stupidest case coming before the Supreme Court is the wine importation one. The basic question is - was the 21st amendment which explicitly grants states the right to regulate wine importation intended to override the commerce clause which forbids such things.

Well, duhhh, of course it was.

I'm not a fan of such laws, but the constitutional question seems rather clear. The knuckleheads at the WSJ (subscription) say:

If the Supreme Court lets states impose restrictions on wine sales, watch for curbs on other products sold online. A negative ruling could affect all Internet commerce in which a state can express a regulatory concern. Think automobiles or insurance or contact lenses.


Well, no, because there aren't any constitutional amendments specifically granting the states the right regulate the importation of contact lenses.

I live in a state with some of the most annoying liquor laws in the nation, including restrictions on importation, but as a matter of constitutional law this one seems like a no brainer.

But, then, Kenny Boy Starr is making the case, so...