Raise a Glass for Massachusetts: Wine Law Unconstitutional

If you've ever lived anywhere but Massachusetts, you know this state has some annoying laws. Package stores, price stickers, police details: the list goes on and on (though many factors seem to start with p). Now a law passed in 2006 (after the Supreme Court struck down state bans on wine shipping) that forced wineries to decide whether to sell retail in Massachusetts or ship product here has been declared unconstitutional: "We hold that (the law) violates the Commerce Clause because the effect of its particular gallonage cap is to change the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts's wineries and significantly burdens out-of-state competitors," the 1st Circuit Court of Appeals wrote in a recent decision upholding the original verdict, which had been appealed for the Massachusetts Alcoholic Beverages Control Commission by Martha Coakley's office. Not suprisingly, Scott Brown fans have already added this case to their list of reasons to go Brown, apparently not understanding what being Attorney General means.

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