"Sour Grapes: Reflections on the Circuit Split on Direct Shipment of Wine, the Commerce Clause, and the 21st Amendment." By Stuart M. Maxey. IN: State Tax Notes, vol. 33, no. 1 (July 5, 2004) pp. 45 - 51.
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["The past several years have witnessed an explosion of commentary and litigation over the direct shipment of alcohol, particularly wine. This increased attention has been fueled by the growth of the Internet, which has enhanced the ability of small wineries to reach consumers directly.... Laws in more than 20 states, however, prohibit the direct shipment of alcohol to consumers.... Ordinarily, the dormant Commerce Clause of the U.S. Constitution would prohibit these states from discriminating against interstate commerce, but the 21st Amendment granted states distinctive powers to regulate alcoholic beverages. The extent of the special grant of power has raised serious constitutional questions."]