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Conservatives Debate Alcohol Direct-Shipment Laws
October 23, 2003

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News Summary

With court cases pending in 24 states, a debate has intensified in conservative circles over the legality of laws banning direct shipment of alcohol, the Associated Press reported Oct. 22.

Those who support the law argue that it helps to prevent teen drinking. Opponents, on the other hand, call the bans discriminatory.

Former judge Robert Bork said the U.S. Constitution's 21st Amendment allows states to control shipments of alcohol. But former independent counsel Kenneth Starr said the real purpose of direct-shipment laws is to cater to in-state wineries and the powerful distributors' lobby.

"Distributors have a chokehold on small wineries," said Starr, who added that states are using the 21st Amendment to discriminate against out-of-state wineries.

Currently, major cases are pending in Michigan, New Jersey, New York, and Ohio. In Indiana, a federal appeals court upheld the state's direct-shipping law, while in North Carolina, judges ruled against a similar law.

Both sides of the debate believe the issue will land in the U.S. Supreme Court.

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