Greetings,
An update, and some info on the supreme court's review of
rulings on direct shipment of wines.
Executive summary of that. The court does not appear to be
buying into the state(MI and NY)'s assertion that the 21st ammendmant
allows them to regulate wine/beer/alcohol as they see fit.
Rather, they are suggesting that the state's case is mere
protectionism, in violation of the "free trade clause" of
the constitution. States shall not put goods from other
states at a disavantage.
Big stakes here, as nearly half of all states prohibit direct
wine shipments. Also, ruling will most likely spill over onto
some of the "3 tier distribution" laws.
----- Forwarded message from "Jim L. Ellingson" <jellings(a)me.umn.edu> -----
Greetings,
Bluegrass-Bob did some dialing, and has come up w/ the following for us.
This week (12/9), Cabernet Sauv. based blends at Erte.
Bob has made a reservation for 6:30 p.m. for eight people.
Erte Restaurant.
329 13 Ave NE, Mpls 55413
612-623-4211
Who's coming (mostly guesses)?
Bob
Ruth/Warren
Nicolai
Jim/Louise
Karin
Roger
Fred/Kim
Next week (12/16):
Red or White Burgundy at 510 Groveland.
Not sure who's coming but....
Bob
Betsy
B-Dave
Jim/Louise
Warren/Ruth
Russ/Sue
Lori
Janet
Roger
Nicolai
Fred/Kim
Cheers,
Jim
December 8, 2004
Justices Pick Apart Ban on Wine Sales From State to State
By LINDA GREENHOUSE
WASHINGTON, Dec. 7 - If the Supreme Court argument Tuesday on interstate wine sales proves to be a reliable roadmap to the eventual decision, consumers who want to order wine directly from out-of-state wineries will soon be able to do so with the court's blessing.
The justices appeared notably unmoved by the arguments offered by New York and Michigan in defense of laws that prohibit the direct shipment of wine from other states while permitting in-state wineries to ship their products to their customers' homes.
The 50 states are divided almost in half on a question that has grown increasingly contentious in the age of Internet advertising and sales. Twenty-six states permit direct shipment from out-of-state wineries; 24 ban it. The federal appeals courts are divided, too; one court upheld New York while another, almost simultaneously, declared Michigan's law unconstitutional.
The states' central argument, presented by Solicitor General Thomas L. Casey of Michigan and Solicitor General Caitlin J. Halligan of New York, was that the 21st Amendment gave states such blanket authority over the "importation" of alcohol as to trump the constitutional principle that applies everywhere else in the national marketplace: that states cannot discriminate in favor of their own products.
"Mere protectionism is permitted" by the amendment that repealed Prohibition, Mr. Casey said.
"This case goes to the very core of the 21st Amendment," Ms. Halligan added in her turn.
"It also goes to the very core of the Commerce Clause," Justice Anthony M. Kennedy responded. That clause, which empowers Congress to regulate interstate commerce, has been interpreted since early in the country's history to include the implication that states may not, on their own minus Congressional authorization, discriminate against one another.
Justice Stephen G. Breyer said that in the 21st Amendment he found "not a word in any brief that I saw of any intent to get rid of the antidiscrimination principle."
Nor did the justices demonstrate more patience with the fallback, that if the 21st Amendment did not simply obliterate the Commerce Clause, the laws could nonetheless be justified by the twin goals of preventing minors' access to alcohol and ensuring that the states could collect taxes from out-of-state shippers.
Kathleen Sullivan, arguing for the 13 consumers who successfully challenged the Michigan law in the United States Court of Appeals for the Sixth Circuit, pointed out that Michigan permits its 40 in-state wineries and 7,500 liquor retailers to make home deliveries. That showed "a pattern of exceptions that belies any implication" that the state's real goal was to protect minors, she said.
Ms. Sullivan, a professor and former dean at the Stanford Law School, said several states that permit direct shipments from out-of-state wineries tracked the taxes owed by requiring the wineries to obtain permits and report monthly.
Her points made an impact, and Justice David H. Souter observed to Mr. Casey, Michigan's lawyer: "Your opponents argue that there are no clear countervailing interests here, so by process of elimination you get down to nothing but protectionism. What's your answer?"
The law really does enable the state to protect minors, Mr. Casey replied.
"You say that, but how?" Justice Souter persisted.
Mr. Casey's response that state regulators could punish a state-licensed business left Justice Souter clearly unsatisfied.
The two state laws under review in Granholm v. Heald, No. 03-1116, the Michigan case, and Swedenburg v. Kelly, No. 03-1274, the New York case, are not identical. While Michigan flatly prohibits direct shipment by out-of-state wineries, New York theoretically permits it, as long as the winery maintains a physical presence in the state, including a warehouse to store its wines before sale. No out-of-state winery has qualified for this exception, and although the law has been on the books since 1970, the state has not issued the regulations necessary to make the exception operative.
Clint Bolick, arguing for the plaintiffs in the New York case - small wineries in Virginia and California, along with three New York wine drinkers - said small wineries could not afford to set up offices around the country as the price of reaching customers in other states.
"Our clients cannot compete with liquor distributors," Mr. Bolick said. "They can compete in the market. The Commerce Clause protects a level playing field."
He noted that of 3,000 wineries in the country, 600 sell their products in New York's retail liquor stores.
Mr. Bolick is strategic litigation counsel of the Institute for Justice, a public-interest law firm with libertarian leanings that began a campaign against the state laws several years ago. His lawsuit in New York succeeded in Federal District Court, but that ruling was overturned by the United States Court of Appeals for the Second Circuit, which took an expansive view of the 21st Amendment.
Mr. Bolick said the amendment should be understood to permit states to regulate alcohol "by one set of rules, not two." He added that New York was engaged "not in legitimate regulation, but in economic protectionism."
The Supreme Court's own view of the 21st Amendment has shifted over the years from one that was much like the states' position to one that has increasingly taken account of the Commerce Clause. In a 1984 case from Hawaii, Bacchus Imports Ltd. v. Dias, the court invalidated an exemption from a 20 percent excise tax the state gave to its local liquor industry.
"It is by now clear that the amendment did not entirely remove state regulation of alcoholic beverages from the ambit of the Commerce Clause," Justice Byron R. White said in his majority opinion, which concluded: "We are convinced that Hawaii's discriminatory tax cannot stand."
The Bacchus case was much discussed during the argument. The three dissenters in that case, Justices John Paul Stevens and Sandra Day O'Connor, along with Chief Justice William H. Rehnquist, are still on the court, while no member of the majority is. Nonetheless, there was no indication from Justices Stevens or O'Connor - Chief Justice Rehnquist was not in court because of his treatment for cancer - that they did not accept the Bacchus precedent as binding.
"If you can't grant a tax exemption," Justice Stevens said to Ms. Halligan, the New York lawyer, "it seems to me a fortiori that you can't prohibit importation."
When Mr. Casey, Michigan's lawyer, said the Bacchus decision was wrongly decided and should be overruled, Justice O'Connor responded: "It's a little hard to plan on overruling it, so why don't you address how to distinguish it, because it has a lot of language that cuts against you."
In addition to the states, the wineries and the wine drinkers, the wholesale liquor industry is acutely interested in the outcome. States regulate alcohol distribution by what is known as a three-tier system: producer to licensed wholesaler to licensed retailer. For the wholesalers, the stakes in this dispute are enormous. If consumers are enabled to buy directly from out-of-state producers, so, theoretically, might retailers be.
"Under the same rationale, the in-state licensing system has to fall," Justice Kennedy observed at one point.
--
------------------------------ *
* Dr. James Lee Ellingson, Adjunct Professor jellings(a)me.umn.edu *
* University of Minnesota, tel: 651/645-0753 fax 651 XXX XXXX *
* Great Lakes Brewing News, 1569 Laurel Ave., St. Paul, MN 55104 *
Greetings,
Bob did some dialing, and has come up w/ the following for us.
This week (12/9), Cabernet Sauv. based blends at Erte.
Bob has made a reservation for 6:30 p.m. for eight people.
Erte Restaurant. 329 13 Ave NE, Mpls 55413 612-623-4211
Who's coming (mostly guesses)?
Bob
Ruth
Nicolai
Roger
Jim/Louise
Fred/Kim
Next week (12/16):
Red or White Burgundy at 510 Groveland.
Not sure who's coming but....
Bob
Betsy
B-Dave
Lori
Janet
Jim/Louise
Warren/Ruth
Roger
Nicolai
Fred/Kim
Cheers,
Jim
--
------------------------------ *
* Dr. James Lee Ellingson, Adjunct Professor jellings(a)me.umn.edu *
* University of Minnesota, tel: 651/645-0753 fax 651 XXX XXXX *
* Great Lakes Brewing News, 1569 Laurel Ave., St. Paul, MN 55104 *
Hi:
Jim, would you please add karin(a)umn.edu to the list?
thanks much.
is everyone attending tonight's bubbly tasting, or
is there another venue available?
I was thinking of hosting a Zin event at my home....
are people available during the month of December?
thanks much,
Karin
Mostly an update, and a list of Bubbles on a Budget from the Post.
Also, I may have a spare ticket for tonights event. Contact me
off line if interested.
----- Forwarded message from "Jim L. Ellingson" <jellings(a)me.umn.edu> -----
Date: Tue, 30 Nov 2004 16:37:12 -0600
From: "Jim L. Ellingson" <jellings(a)me.umn.edu>
To: wine(a)thebarn.com
Subject: Bubbles on Thursday, Brgndy next week?
User-Agent: Mutt/1.5.4i
Greetings,
The film, and the "salon" on Sunday were big hits.
Wine suprises included a 2000 Jed Steele Pinot
as well as a very affordable Lion Mt. OR 2000 Pinot.
Great food as well. No comment on the parlor games.
This week, many of us are going to the Surdyk's Champagne tasting,
details below. Last year's event featured lots of big names,
great sparklers, although there was a strong preference for the
Terry Theise wines.
I have a birthday coming up in December, and would enjoy marking the
occasion by doing Burgundy (red, white) and Pinot at the
510 on either the 9th or the 16th.
Let me know if either of those dates work or conflict for you.
Cheers,
Jim
----- Forwarded message from jhegstrom(a)csom.umn.edu -----
Subject: [wine] Surdyk's Holiday Champagne Tasting
To: wine(a)thebarn.com
From: jhegstrom(a)csom.umn.edu
Date: Mon, 29 Nov 2004 08:44:00 -0600
X-list: wine
Sample over 40 sparkling/champagnes from around the world this Thursday,
December 2nd, 7-9 p.m. at the Millennium Hotel in downtown Minneapolis
(1313 Nicollet Mall).
Cost is $40/person but Surdyk's is willing to offer you a "Bubbles
Discount" so admission is $35. This offer is not available at the store.
You need to call KAREN BLAKEMAN at 612-379-3232. (She does not work on
Tuesdays). You can e-mail her as well: KBlakeman(a)surdyks.com
If you have already purchased your ticket, call her and indicate you would
like the Bubbles Discount and she will adjust the price.
Sorry I didn't get to you all sooner, but I was only given the opportunity
to offer a special discount to this tasting late Saturday afternoon.
Hope to see you there!
Joyce Hegstrom
"Bubbles"
Inexpensive Sparking Wines
By Michael Franz
Wednesday, December 1, 2004; Page F07
Perhaps you are planning a holiday open house for later this month. Or maybe you got suckered onto the committee charged with planning the end-of-year office party. In either case, you'll need a bunch of bubbly, and you'll face a dilemma when making your selection.
If you play it safe on quality and buy true Champagne, you'll likely bust your budget, popping bottles that cost more than $30 each. Moreover, you'll have done so while committing vinous overkill. It makes sense to serve good wine at parties, but it doesn't make sense to serve great wine.
My point here isn't the snotty old warning against casting pearls before swine. Rather, the point is that people just don't pay close attention to wine at parties, and the better the party, the more this point holds true. If cost is an issue, you should think about going with sparkling wine rather than Champagne for larger gatherings.
However, when you go with sparkling wine, you'd better not go too cheap. My reasoning here can be indicated with a single word: weddings.
Ever make the mistake of actually drinking the stuff typically poured for toasts at big weddings? I've heard stories from plenty of people who did, and many of them required years of therapy before they could once again face up to a bubbling glass of anything. In comparison with other lousy wines, really cheap sparkling wine is incomparably foul and uniquely debilitating.
So, when picking affordable bottles for parties, spend moderately and shop selectively. For party purposes, the sweet spot in the sparkling market is roughly between $9 and $12. Below that, almost all available bottlings are either tasteless or weird or sweet. Sweet may sound like the best of those three options, but beware: Dosing a sparkler with sugar is a standard trick for covering flaws, and nothing triggers a migraine quite like a sweet sparkler.
Many bottles are best avoided even in the $9 to $12 range, but my recent tastings turned up a dozen wines that are not only clean and competent but downright delicious. Recommended wines are reviewed in order of preference, with approximate prices and importers indicated in parentheses:
Rebuli (Valdobbiadene, Veneto, Italy) Prosecco ($12, Kysela): This wine is so much fun that it seems vaguely illegal. Lightly floral in aroma, it shows fresh but restrained fruit flavors. The effervescence is abundant but soft, yet the wine remains structured and refreshing thanks to crisp acidity. Clearly the top pop for parties.
Lucien Albrecht (Cremant d'Alsace) Blanc de Blancs Brut ($12, Pasternak/Winebow): Cremant d'Alsace is popular in France but doesn't seem to travel well and has never caught on in the United States. Bottles like this could change that, as this shows lovely aromas of nuts and fresh bread crust, with classy tart apple fruit notes and nice effervescence.
Yves Lambert (Loire Valley, France) Cremant de Loire ($12, J. Cambier): This is bright and wonderfully refreshing, with subtle flavors of crisp apples and autumn pears. Sweet sparklers can be flattering for a sip or two but then become tiring, whereas a zesty wine like this can be enjoyed for an entire evening.
Chateau Tour du Roy (Bordeaux, France) Cremant de Bordeaux 1998 ($12, Siema): I cannot recall ever tasting a Cremant de Bordeaux but look forward to tasting more of them after trying this one. Remarkably complete and complex for the money, it shows soft aromas with lots of little toasty nuances, followed by restrained fruit with excellent balance between faint sweetness and fresh acidity.
Jacobs Creek (Australia) Brut Cuvee ($10, Pernod Ricard): Made from Chardonnay and Pinot Noir, this is delightfully fruity (as we would expect from the Aussies) but neither pushy nor overtly sweet.
Marquis de Perlade (France) Blanc de Blancs Brut ($11, W.J. Deutsch): This is an impressively classy wine, with superb acidity that balances a light touch of sweetness and helps the subtle fruit flavors ride through the soft effervescence. Crisp and clean, it is an excellent aperitif wine.
Gruet (New Mexico) Brut ($12, Country Vintner): The Gruet sparklers from New Mexico are consistently good, and this current release is certainly up to form, with pale straw color, restrained fruit notes, and a clean, well-balanced profile.
Cristalino (Penedes, Spain) Cava Brut ($9, CIV): Cava from Spain ranges from austere to aggressively earthy, and this wine tilts strongly toward the austere end of the continuum. With faint notes of yeast and tart apples, the wine is fresh and lively.
Mont Marcal (Penedes, Spain) Brut Reserva ($12, Classical Wines): Here is the other side of cava, as my sample of Mont Marcal was toastier, earthier and more mature than any bottle of this wine that I've tasted during the past decade. Full of aroma and flavor, it is recommended for those with a taste for dramatics.
Charles de Fere (France) Blanc de Blancs Brut ($11, Boisset America): This admirably consistent product is looking particular good in its current release, with subtle aromas of toast and pears, along with soft mousse and fine balance between acidity and light sweetness.
Tenuta S. Anna (Veneto, Italy) Prosecco ($12, Siema): This is a classically fresh, juicy Prosecco featuring subtle aromas of flowers and ripe fruit, with refreshing acidity that is well integrated with the flavors and effervescence.
Marquis de la Tour (France) Brut ($8, Palm Bay): Remarkably clean and balanced for the money, this is flawlessly made, with soft pear fruit, a light touch of sweetness and pleasantly soft mousse.
Michael Franz will offer additional recommendations and answer questions live today at noon on washingtonpost.com.
� 2004 The Washington Post Company
----- End forwarded message -----
--
------------------------------ *
* Dr. James Lee Ellingson, Adjunct Professor jellings(a)me.umn.edu *
* University of Minnesota, tel: 651/645-0753 fax 651 XXX XXXX *
* Great Lakes Brewing News, 1569 Laurel Ave., St. Paul, MN 55104 *
Greetings,
The film, and the "salon" on Sunday were big hits.
Wine suprises included a 2000 Jed Steele Pinot
as well as a very affordable Lion Mt. OR 2000 Pinot.
Great food as well. No comment on the parlor games.
This week, many of us are going to the Surdyk's Champagne tasting,
details below. Last year's event featured lots of big names,
great sparklers, although there was a strong preference for the
Terry Theise wines.
I have a birthday coming up in December, and would enjoy marking the
occasion by doing Burgundy (red, white) and Pinot at the
510 on either the 9th or the 16th.
Let me know if either of those dates work or conflict for you.
Yo Janet: I hope that wasn't too **wordy**. We mens just loves to gab. <grin>
Deceptively Large,
Jim
----- Forwarded message from jhegstrom(a)csom.umn.edu -----
Subject: [wine] Surdyk's Holiday Champagne Tasting
To: wine(a)thebarn.com
From: jhegstrom(a)csom.umn.edu
Date: Mon, 29 Nov 2004 08:44:00 -0600
X-list: wine
Sample over 40 sparkling/champagnes from around the world this Thursday,
December 2nd, 7-9 p.m. at the Millennium Hotel in downtown Minneapolis
(1313 Nicollet Mall).
Cost is $40/person but Surdyk's is willing to offer you a "Bubbles
Discount" so admission is $35. This offer is not available at the store.
You need to call KAREN BLAKEMAN at 612-379-3232. (She does not work on
Tuesdays). You can e-mail her as well: KBlakeman(a)surdyks.com
If you have already purchased your ticket, call her and indicate you would
like the Bubbles Discount and she will adjust the price.
Sorry I didn't get to you all sooner, but I was only given the opportunity
to offer a special discount to this tasting late Saturday afternoon.
Hope to see you there!
Joyce Hegstrom
"Bubbles"
----- End forwarded message -----
--
------------------------------ *
* Dr. James Lee Ellingson, Adjunct Professor jellings(a)me.umn.edu *
* University of Minnesota, tel: 651/645-0753 fax 651 XXX XXXX *
* Great Lakes Brewing News, 1569 Laurel Ave., St. Paul, MN 55104 *
Sample over 40 sparkling/champagnes from around the world this Thursday,
December 2nd, 7-9 p.m. at the Millennium Hotel in downtown Minneapolis
(1313 Nicollet Mall).
Cost is $40/person but Surdyk's is willing to offer you a "Bubbles
Discount" so admission is $35. This offer is not available at the store.
You need to call KAREN BLAKEMAN at 612-379-3232. (She does not work on
Tuesdays).
If you have already purchased your ticket, call her and indicate you would
like the Bubbles Discount and she will adjust the price.
Sorry I didn't get to you all sooner, but I was only given the opportunity
to offer a special discount to this tasting late Saturday afternoon.
Hope to see you there!
Joyce Hegstrom
"Bubbles"
