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By Buddy T, About.com Guide to Alcoholism since 1997

Supreme Court to Hear Wine-Shipping Case

Tuesday May 25, 2004
The U.S. Supreme Court has voted to hear the appeal of three lawsuits which involve state laws preventing consumers from purchasing wine directly from out-of-state suppliers. States claim the laws protect consumers against fraud and help prevent underage drinking.

The conflict in the lawsuits is between the states and alcohol wholesalers and independent wineries who sell their products over the Internet, catalogues and the telephone. Under the present laws, states collect millions in revenue from alcohol taxes.

The 21st Amendment of the Constitution gives states control of alcohol regulation, rather than the federal government or local goverments, but the Constitution also give Congress the right to control interstate commerce, the wineries argue.

The 2nd Circuit Court of Appeals upheld New York's ban against out-of-state shipments in February, but in August the 6th Circuit Court declared MIchigan's prohibition of direct, interstate shipments unconstitutional, thereby setting up the appeals from both sides to the Supreme Court.

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