Friday, June 17, 2005

Tardy Self-Promotion: Wine-Shipping Op-Ed

Lacking anything new to say today, I'll just link to my op-ed in the East Bay Business Times on the Supreme Court's wine-shipping decision. I didn't know until today that it had actually been published, but apparently it was (three weeks ago). The site requires (free) registration; you can find the same piece on the Independent Institute website without registration.


Anonymous said...

I enjoyed reading your analysis. But I wonder why the vote was so close. I'll have to check out the court's opinion to see for myself. I also don't understand what gives the states the authority to tell wineries that they must go through middlemen. Is the fact that underage drinkers (I believe the age varies from state to state) can get easy access to booze online a legitimate fear? By the way, I hate it when libertarian web sites claim that the drunk driving issue is overblown. Today, I saw infant triplets crossing the street with their mother almost get wiped out by some turd talking on its cellphone while making a right turn. Hang up and drive you stupid people out there!

Glen Whitman said...

The vote was close because of section 2 of the 21st Amendment, which says, "The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." Some interpret this clause to mean that states can regulate alcohol any way they please, which is not a ridiculous reading. But for various reasons (which the majority embraced in this case), I think that reading isn't right.

In any case, the same clause also answers your question about what gives the states the authority to tell wineries they must go through a middleman (so long as they don't do so discriminatorily). Arguably, the states already had that power under the 10th Amendment; but the 21st Amendment was written to clarify that states did indeed have it.

Anonymous said...

FYI - I can access it without registering. (And I don't think I've been to that website before.)