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Is Supreme Court ready to scrap state laws on wine retailer shipping?

Readers of Reason, and of Wine Industry Advisor's Afternoon News Briefs, which picked up the story from Reason, may be forgiven for thinking that any day now the U.S. Supreme Court will issue a decision allowing out-of-state bev/al retailers to ship into a state without having

Joel Whitaker profile image
by Joel Whitaker

Readers of Reason, and of Wine Industry Advisor's Afternoon News Briefs, which picked up the story from Reason, may be forgiven for thinking that any day now the U.S. Supreme Court will issue a decision allowing out-of-state bev/al retailers to ship into a state without having a physical premise in the state.

After all, that's exactly what the headline on the Reason story suggests: "The Supreme Court is Poised to Remind States That the Constitution Doesn't Stop at the Liquor Store."

Maybe it is. But maybe it is just as "poised to remind" headline writers at Reason Foundation that forecasting what the Supremes will decide is a foolish errand, at best.

So, what is Reason? It defines itself as "the nation's leading libertarian magazine." Reason Foundation itself is a libertarian think tank that "seeks to change the way people think about issues, and promote policies that allow and encourage individuals and voluntary institutions to flourish."

The article itself is a lot more nuanced than the headline. A "key takeaway" is the the Court "may clarify" that states cannot require in-state physical storefronts for alcohol sales. The takeaway notes that critics argue that requiring physical storefront for alcohol sales hinders competition and contradicts the reality of alcohol regulation in states that allow out-of-state wine retailers to ship directly to consumers."

The very last paragraph discloses a conflict of interest that may lead some readers to question Reason's reporting: "The Manhattan Institute and Reason Foundation have filed an amicus brief in support of petitioners in the Arizona case. Perhaps the third time this goes to the Supreme Court will be the charm."

As I said at the top, perhaps the Supreme Court is "poised" to strike down any requirement from local storefronts. Or maybe it's not. edon't know, and Reason doesn't know, either.

The same goes for all those media pieces breathlessly reporting (on a low news day) that the Supreme Court decision will issue a decision on Trump's tariff's today or tomorrow. The Court issujes decisions when it is ready, and not before.

Joel Whitaker profile image
by Joel Whitaker

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