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The US Supreme Court invalidates state laws in Michigan and New York, barring out of state wineries from selling directly to instate consumers, while allowing such sales by instate wineries (Granholm / Heald)

Supreme Court Rules Against State Law Bans On Interstate Direct Shipment Of Wine* On May 16, 2005, the United States Supreme Court struck down state laws in Michigan and New York, barring out of state wineries from selling directly to instate consumers, while allowing such sales by instate wineries. The laws were an unconstitutional discrimination against interstate commerce, in violation of the Commerce Clause of the Constitution. Granholm v. Heald, No. 03-1116 (May 16, 2005) [1]. Delivering the Court’s opinion for a five-member majority [2], Justice Kennedy rejected the states’ contention that the laws in issue were within the states’ authority under the Twenty-first Amendment [3] While the Court acknowledged that states have broad power to regulate the importation and distribution

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  • Sheppard Mullin (Los Angeles)

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Don T. Hibner, The US Supreme Court invalidates state laws in Michigan and New York, barring out of state wineries from selling directly to instate consumers, while allowing such sales by instate wineries (Granholm / Heald), 16 May 2005, e-Competitions Effect on interstate trade, Art. N° 67407

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