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"New York's Alcoholic Beverage Control Law, instituting a three-tier system for the regulation of alcoholic beverages, do[es] not discriminate against out-of-state producers in violation of the Commerce Clause"

"New York's Alcoholic Beverage Control Law, instituting a three-tier system for the regulation of alcoholic beverages, do[es] not discriminate against out-of-state producers in violation of the Commerce Clause": So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today.

Circuit Judge Guido Calabresi wrote an interesting concurring opinion intended to "emphasize the unusual nature of judicial interpretation of the Twenty-First Amendment, a constitutional provision that, over seventy-five years, has been defined and redefined to accommodate changing social needs and norms."

Full post as published by How Appealing on July 01, 2009 (boomark / email).