NOTE: UNCORKING GRANHOLM: EXTENDING THE NONDISCRIMINATION PRINCIPLE TO ALL INTERSTATE COMMERCE IN WINE Skip over navigation
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Copyright (c) 2011 Boston College Law School
Boston College Law Review

NOTE: UNCORKING GRANHOLM: EXTENDING THE NONDISCRIMINATION PRINCIPLE TO ALL INTERSTATE COMMERCE IN WINE

November, 2011

Boston College Law Review

52 B.C. L. Rev 1871

Author

KEVIN C. QUIGLEY

Excerpt

INTRODUCTION

Chief Justice John Marshall, like many other Founding Fathers, was an oenophile. 1 He was particularly fond of Madeira, the fortified Portuguese wine, and reached many a judicial accord with his colleagues over after-dinner glasses--so well-known was the habit that Washington wine merchants took to labeling their best Madeira "The Supreme Court." 2 Marshall was also, of course, the foremost architect of American constitutional law. 3 The decisions that flowed from his pen affirmed the authority of the Court, the supremacy of the federal government, and the importance of a free market unhindered by state protectionism. 4 Indeed, as a fellow jurist noted, Marshall was "brought up on Federalism and Madeira, and he was not a man to outgrow his early prejudices." 5

Imagine the Chief Justice's frustration, then, were he somehow to be transported to the present day: in many states, he could not have his beloved Madeira shipped from Washington merchants without facing criminal penalties. 6 His dismay would only increase if he were to note that other states not only prohibit liquor shipments from out-of-state retailers, but discriminatorily benefit their own retailers by allowing them to ship directly to consumers. 7 Faced with these affronts to his palate and his jurisprudence, John Marshall would surely become an eloquent modern-day advocate for freer trade in wine. 8

In a landmark 2005 decision, Granholm v. Heald, the U.S. Supreme Court ruled that states could not constitutionally discriminate in interstate commerce by permitting in-state ...
 
 
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