Hey, there! Log in / Register

Court rules against Massachusetts law used to limit sales of California wines

The U.S. Court of Appeals for the First Circuit ruled today that a Massachusetts law that prevents many out-of-state wineries from selling directly to local consumers is unconstitutional.

The ruling, which upholds a lower-court decision on a lawsuit by California winemakers, is on a 2006 state law that forces "large" wineries to chose between selling their wine to Massachusetts wholesalers for sale in stores or directly to consumers. Massachusetts wineries were exempt because none produce the volume of wine covered under the law - 30,000 gallons of wine a year.

The court said Massachusetts lawmakers went out of their way to protect Bay State wineries by choosing an artificially low "gallonage" and by exempting fruit wines - because one Massachusetts winery might have been forced to comply with the law otherwise - and that violates the constitutional ban on interference with interstate commerce:

[T]he effect of its particular gallonage cap is to change the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts's wineries and significantly burdens out-of-state competitors. Massachusetts has used its 30,000 gallon grape wine cap to expand the distribution options available to "small" wineries, including all Massachusetts wineries, but not to similarly situated "large" wineries, all of which are outside Massachusetts.

The court also rejected a state argument that the 21st Amendment, which repealed Prohibition and gave states broad latitude to regulate liquor sales, took precedence over the commerce clause.

Complete ruling.

Topics: 
Free tagging: 


Ad:


Like the job UHub is doing? Consider a contribution. Thanks!

Comments

I used to be able to buy beer and wine online to be shipped to NH- until they enacted a tax last year and put a stop to most places shipping to NH. Wouldn't it be nice if shipping to MA suddenly opened up! I need my West Coast IPAs!

up
Voting closed 0

That's because the Massholes are invading your state. BTW guess who unsuccessfully tried to defend this wine ban?

up
Voting closed 0

One of those laughable candidates running for Teddy's seat? Hmm...wonder which one.

I honestly have no idea what the implications of this ruling are in reality. I just want to be able to order beer online so I don't think this helps me.

up
Voting closed 0

As the state's chief lawyer, part of her job is to represent the state when it gets sued. Which she did. Her opponent would have done the same exact thing if he were in that office.

I'll take defending a dumb law on wine sales over defending waterboarding and filing legislative amendments to keep emergency contraception from rape victims any day.

up
Voting closed 0

Refusing to do your job is sometimes part of being brave.
Being a maverick.
Just ask Sarah Palin.
If faced with such a tough conflict, Scott Brown would have done the brave teabaggy thing and gone Galt.
It's not important that our elected officials do their jobs; it's important that they strike dashing poses.

up
Voting closed 0

I know that. I was commenting more on her competency than anything else. BTW I'd defend an employee's right to not violate his or her religious beliefs any day. I also wouldn't spin it to sound like the next Senator from Mass doesn't believe in emergency birth control for rape victims. But Massachusetts voters are smarter than that apparently.

BTW I know you selectively choose which comments to print Adam. Just like lib. Nice little one sided blog you got here.

up
Voting closed 0

People will obviously never agree on issues like this, but when the consequence of someone's "religous view" is that a rape victim may be impregnated by a rapist - I find that pretty hard to defend. Why should someone's ignorance (people opposing this often claim Plan B is some sort of abortion pill) trump a woman's right to avoid pregnancy?

In case you are not aware, rape victims taken to a hospital by ambulance or police don't have the option to choose a non-catholic hospital.

up
Voting closed 0

Ok Adam point taken and I apologize. So Lando (said licking my chops)are you with Martha when her answer is that if you are religious 'you probably shouldn't work in an emergency room?'

up
Voting closed 0

If your religious views affect my access to legal treatment, then yes

up
Voting closed 0

Crazy legs,

How would you feel if a Atheist became the priest of the only church in your town and didn't have sermons or do any church duties related to scripture because it was against his religion?

Martha's dead right. If you have moral qualms about a job, regardless of religion, find a new damn job. Your views doesn't excuse you from doing a job correctly. You also can't step on the rights and liberties of others because of your morality.

What you seem to be proposing is very radical, and very un-conservative.

up
Voting closed 0

I'm a christian science pharmacist! Or is that a Scientologist psychiatrist ... either way, I promise that I won't do anything.

up
Voting closed 0

what a ridiculous view. comparing the core responsibility of a profession to one minute duty of a position is absurd beyond words. My head's spinning. I sure am glad at side of this debate I ended on.

up
Voting closed 0

Of course your head is spinning, you're being confronted with rational facts that don't jive with your worldview.

The fact remains, you don't do you job, you should be fired. You can't kinda, sort of do you job most of the time. Just because a few things in your job are questionably morally in your view doesn't allow you to to be derelict.

Especially in medicine, doctor or pharmacist.

up
Voting closed 0

So if a person holds certain principals, they should not seek employment in medicine or become a pharmacist. If one works as part of an organization where a "few things are questionably morally" one should not have any choice but to do those things. Just follow orders?

"look we know you work in the organic section of whole foods, and also arrange those homeopathic nostrums, but let's face it that meat ain't gonna butcher itself"
"our regular executioner called in sick today so.........."
"normally we don't ask our bank tellers to help foreclose on homes"
"I know you are an ardent gun control advocate......"

So how would you like to have to perform the morally "ickiest" job that your organization or agency performs?

up
Voting closed 0

So if a person holds certain principals, they should not seek employment in medicine or become a pharmacist. If one works as part of an organization where a "few things are questionably morally" one should not have any choice but to do those things. Just follow orders?

Nope, they have their choice. They can refuse and leave.

up
Voting closed 0

If you think a rape victim should not have access to prevent pregnancy, you have no place in emergency medicine.

But then again, you will never be in that position, as a man, so it must be easy for you to hold a nurse's judgement about birth control as more important than a rape victim's right not to be impregnated.

If the argument was based on someone's bad judgement or irresponsibility, you may have a point - but we're talking rape. It boggles the mind that you think some irrational religious belief should exempt someone from doing their job.

up
Voting closed 0

Did I miss something? What nurses views am I supposed to be holding?
John

up
Voting closed 0

Adam is so busted. He's not only selective choosing not to allow Republican comments to be posted - he's selectively disallowing the most reasonable of them!

He's got a big fat killfile full of impeccably argued rationales for why Massachusetts needs a teabagging gigolo as its next Junior Senator.

up
Voting closed 0

Would that be a surging or peaking teabagging gigolo ... I guess it depends on who you ask. The Herald says surging, The Glob says peaking, and Cosmo??? Did they take a pole ... um ... er ... poll?

up
Voting closed 0

If you register for the site, your comments aren't held for approval... Maybe you should try it out....

up
Voting closed 0