3 ms·
Wonder if wine-exporting states like California could use their 21st amendment powers to impose retaliatory tariffs on booze from states that are doing this.
by gok 9y ago
Wonder if wine-exporting states like California could use their 21st amendment powers to impose retaliatory tariffs on booze from states that are doing this.
- twoodfin 9y agoNo, this is the point of the Granholm case mentioned in the article: States can’t apply restrictions on imports they don’t apply to in-state products.
- gok 9y agoGranholm v. Heald was about rules which targeted direct sales from wineries, and held that states couldn't have different rules for in-state wineries and out-of-state wineries. I'm saying California could impose rules on, say, larger breweries, which don't really exist in California.
- twoodfin 9y agoHuh? Even discounting now-massive craft brewers like Sierra Nevada and Lagunitas, Anheuser-Busch has at least one huge brewing facility in CA: http://www.anheuser-busch.com/about/breweries-and-tours/fairfield-ca.html http://www.anheuser-busch.com/about/breweries-and-tours/fair... Besides, the courts would see right through laws that just-so-happened to affect only producers bigger than those in CA. What would be the rational basis other than to evade Granholm?
- gok 9y agoWhat would be the rational basis of distributor based laws?
- couchand 9y agoI hope they do. This is why the commerce clause exists, it's about time someone gets around to showing that the 21st amendment's override is bogus.