THE DORMANT COMMERCE CLAUSE, THE TWENTY-FIRST AMENDMENT, AND A FREER WINE MARKET: WHY KENTUCKY MUST WINE-DOWN ITS PROTECTIONIST LAWS RESTRICTING THE DIRECT SHIPMENT OF WINE FROM OUT-OF-STATE WINERIES

Note Written By: Aubrey K Vaughan

This note will seek to encourage the Kentucky General Assembly to clarify the law in light of Granholm and Cherry Hill to open the wine market in Kentucky for the benefit of consumers, increase competition for the benefit of better agricultural products in Kentucky, end the unconstitutional protection of Kentucky's vineyards from out-of-state competition, and eliminate liability for common carriers shipping wine into the Commonwealth. The General Assembly should either draft a resolution to clarify the current law in the state, or amend prior statutes to clarify the current state of law for out-of-state wineries. Doing so will work against the protectionist interests of Kentucky wineries and wholesalers, but will benefit Kentucky consumers by providing a free and open market.

Read Note