Over the next several entries, I will lay out my personal views on issues related to the interstate direct shipment of wine. As readers are probably aware, the Supreme Court will hear oral argument this term in two cases involving discriminatory bans to interstate direct shipping. In both the Michigan and New York cases, the states permit intrastate direct shipment from in-state wineries, but effectively prohibit direct shipping by out-of-state wineries. Over the next several days I will discuss the empirical evidence on the costs and benefits of direct shipment, explore whether the 21st Amendment saves these discriminatory laws, and then will address the 2d Circuit’s holding in the New York case that the New York regime was not in fact discriminatory.
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