Counting Supreme Noses

If you haven’t been following the Supreme Court case over the right to sell wine accross state lines, it is a corker. (he, he) Over at the Volokh Conspiracy legal genius Todd Zywicki analyzes how the Supremes are likely to vote on the case. One nugget. . . The bottom line is that the 21st Amendment was designed to repeal the 18th Amendment and to remove the federal government from meddling in local police power affairs and to protect dry states from the possible repeal or overturn of the Webb-Kenyon Act. There is nothing to indicate that it was designed to give a novel and unnecessary power to the state governments to erect protectionist barriers to interstate commerce or to allow wet states to engage in economic warfare with the products of other wet states.