North Carolina Ban on Direct Shipment of Out-of-State Wine Valid

June 1, 2022, 6:40 PM UTC

A North Carolina law preventing a Florida wine retailer from shipping internet orders directly to North Carolina consumers doesn’t violate the dormant commerce clause, the Fourth Circuit said Wednesday.

The law allows North Carolina wine retailers to ship orders directly to state residents and therefore discriminates against out-of-state retailers, the opinion by Judge Robert B. King said. But the 21st Amendment allows the scheme and trumps the dormant commerce clause, it said.

The 21st Amendment permits states to regulate intoxicating liquors within their borders, the US Court of Appeals for the Fourth Circuit said. US Supreme Court precedent also establishes ...

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