December 8, 2004
"You say that, but how?"
A great, succinct question from Justice Souter at oral argument yesterday, to a lawyer who was trying to defend a state's ban on shipping wine from out-of-state to consumers in the state on the theory that it was needed to protect children. Since in-state wineries are allowed to ship the product to the consumer, this theory looks like a skimpy veil for protectionism.
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