and Ken Starr does something that even a wine drinking Democrat can agree with. (Ken Starr is not mentioned in the article but he was advocating for the out-of-state wineries trying to sell in Michigan and New York).
Has hell frozen over? There's no snow in DC.
Maybe Thomas is just a beer guy while Scalia likes his Wine. Who knows.
Court Lets Wine Lovers Buy Out-Of-State link
Supreme Court Clears the Way for Wine Lovers to Buy Directly From Out-Of-State Vineyards
WASHINGTON (AP) -- Wine lovers may buy directly from out-of-state vineyards, the Supreme Court ruled Monday, striking down laws banning a practice that has flourished because of the Internet and growing popularity of winery tours.
The 5-4 decision overturns laws in New York and Michigan, which supporters said were aimed at protecting local wineries and limiting underage drinkers from purchasing wine without showing proof of age. In all, 24 states have laws barring interstate shipments.
The court said the state bans are discriminatory and anticompetitive.
"States have broad power to regulate liquor," Justice Anthony Kennedy wrote for the majority. "This power, however, does not allow states to ban, or severely limit, the direct shipment of out-of-state wine while simultaneously authorizing direct shipment by in-state producers."
"If a state chooses to allow direct shipments of wine, it must do so on evenhanded terms," he wrote in an opinion joined by Justices Antonin Scalia, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
snip
In a dissent, Justice Clarence Thomas argued the ruling needlessly overturns long-established regulations aimed partly at protecting minors. State regulators under the 21st Amendment have clear authority to regulate alcohol as they see fit, he wrote.
"The court does this nation no service by ignoring the textual commands of the Constitution and acts of Congress," Thomas wrote. He was joined by Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor and John Paul Stevens.
While the ruling only involves wine sales, industry groups expect that it will soon apply to beer and other alcoholic beverages currently regulated through state-licensed wholesalers and retailers.
This isn't news on the scale of the Downing Street memos or more Delay scandal info or more evidence about yet another Bush lie, but it may come in handy one day for those living in the 24 states that currently ban out of state wine shipments directly to consumers.
The Washington-based Institute for Justice says the 24 states that ban direct shipments from out-of-state wineries are Alabama, Arizona, Arkansas, Connecticut, Delaware, Florida, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Ohio, Oklahoma, Pennsylvania, New Jersey, New York, South Dakota, Tennessee, Utah and Vermont.
Besides, IMO it's newsworthy just because Thomas wasn't in lockstep with Scalia for a change.
The opinion is linked here.