481 In 2005, the U.S. Supreme Court in Granholm v. Heald reexamined the interplay between the dormant Commerce Clause and the Twenty-first Amendment to the U.S. Constitution. Granholm caused many states, including Illinois, to reexamine their regulation of liquor distribution and the shipment of wine into their jurisdictions. Based on Granholm, Illinois created a new winery shipper's license to enable out-of-state wineries could ship to Illinois consumers; however, in its creation, Illinois removed the longstanding ability of out-of-state wine retailers to ship to Illinois consumers. This Comment examines the implications of the dormant Commerce Clause on Illinois' new license in light of Granholm v. Heald. This Comment also examines two conflicting opinions, Arnold Wines, Inc. v. Boyle and Siesta Village Market, LLC v. Granholm, in which the court analyzed similar New York and Michigan liquor distribution regulations under Granholn. Finally, this Comment concludes that the winery shipper's license is a constitutional use of Illinois' powers under the Twenty-first Amendment and does not violate established dormant Commerce Clause jurisprudence.
Sparks, Christopher G.
"Out-of-State Wine Retailers Corked: How the Illinois General Assembly Limits Direct Wine Shipments from Out-of-State Retailers to Illinois Oenophiles and Why the Commerce Clause Will Not Protect Them,"
Northern Illinois University Law Review: Vol. 30:
2, Article 4.
Available at: https://huskiecommons.lib.niu.edu/niulr/vol30/iss2/4
College of Law
Northern Illinois University Law Review