One of the most ridiculous assertions in defending the idea that states can restrict shipments from out-of-state wineries is that repealing such bans could put alcohol in the hands of underage drinkers.

"Minors are just as likely to order wine from in-state producers as from out-of-state ones," said Justice Anthony Kennedy.

Not to mention that given most teens are impatient, lack credit cards and likely don't know jack about vintages.

Not to be outdone in utter baselessness, Justice Clarence Thomas maintained that both the 21st Amendment and a pre-Prohibition statute, the Webb-Kenyon Act, which served as a model for the 21st Amendment, "took those policy choices away from judges and returned them to the states."

That doesn't apply, of course, if a state (say, Florida) has an election whose possible outcome you don't like.


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