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Official Blog of the AALS Section on Contracts

States can’t discriminate in wine sales

In case you missed it, the U.S. Supreme Court yesterday held that states cannot discriminate against wine imports from out-of-state producers.  The Court struck down laws permitting in-state wineries to sell direct to consumers by mail, but denying that privilege to out-of-staters.  It’s not clear whether states, which have the power under the 21st amendment to ban all direct sales of alcoholic beverages, will respond by opening that door to out-of-state firms or closing it to their own.

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