BRIDENBAUGH v. FREEMAN-WILSON

Nos. 00-1044, 00-1046.

227 F.3d 848 (2000)

Russell BRIDENBAUGH, et al., Plaintiffs-Appellees, v. Karen FREEMAN-WILSON, Attorney General of Indiana, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 2000


Attorney(s) appearing for the Case

William L. Wilson, Hahn, Walz, Knepp, Dvorak & Higgins, South Bend, IN, Robert D. Epstein, Epstein & Frisch, Indianapolis, IN, James A. Tanford, Patrick L. Baude (argued), Indiana University, School of Law, Bloomington, IN, for Plaintiffs-Appellees.

David A. Arthur (argued), Office of the Attorney General, Indianapolis, IN, for Defendant-Appellant Lawrence.

William C. Barnard (argued), Sommer & Barnard, Indianapolis, IN, for Defendant-Appellant Wine & Spirit Wholesalers of Indiana.

Karen M. Freeman-Wilson, Office of the Attorney General, Indianapolis, IN, Defendant-Appellant Pro Se.

James M. Goldberg, Goldberg & Associates, Washington, DC, for Amicus Curiae National Alcohol Beverage Control Association, Inc., National Conference of State Liquor Administrators.

Walter E. Dellinger, O'Melveny & Myers, Washington, DC, for Amicus Curiae E & J Gallo Winery.

Louis R. Cohen, Wilmer, Cutler & Pickering, Washington, DC, for Amicus Curiae Wine & Spirits Wholesalers of America.

Gerald M. Halfenger, Foley & Lardner, Milwaukee, WI, for Amicus Curiae Family Winemakers of California.

William C. Kinzler, Coalition for Free Trade, San Francisco, CA, for Amicus Curia Coalition for Free Trade.

Before EASTERBROOK and WILLIAMS, Circuit Judges.


EASTERBROOK, Circuit Judge.

This case pits the twenty-first amendment, which appears in the Constitution, against the "dormant commerce clause," which does not. Section 2 of the twenty-first amendment provides: "The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." This directly...

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