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7th Circuit affirms, reverses wine ruling

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The 7th Circuit Court of Appeals has recognized Indiana's interest in keeping wine out of minors' hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.

The judges also cited the U.S. Supreme Court decision upholding Indiana's voter ID law in its reasoning.

An 11-page opinion came Thursday afternoon in Patrick L. Baude, et al. v. David L. Heath, Chairman of the Indiana Alcohol and Tobacco Commission, and Wine and Spirits Wholesalers of Indiana, Nos. 07-3323 and 07-3338, an appeal that came following an August 2007 ruling by then-U.S. District Judge John D. Tinder in Indianapolis. He ruled that part of the state's 2006 law banning out-of-state wineries from shipping to Indiana customers without face-to-face contact was unconstitutional, finding that the requirement created a trade barrier for wineries by requiring them to set up shop in Indiana or limit their potential market to buyers willing to travel to them.

But the 7th Circuit disagreed with that notion and reinstated the in-person contact rule, noting that the absence of face-to-face age verification made it easier for minors to have wine sent to them. The appellate panel - author Chief Judge Frank Easterbrook, and Judges William Bauer and Richard Posner - rejected plaintiffs' arguments that in-person verification by photo ID is ineffective and that online verification is just as effective. Instead, it relied on the recent U.S. Supreme Court decision upholding Indiana's voter ID law in Crawford v. Marion County Election Board, 129 S. Ct. 1610 (2008).

"Indiana thinks that in-person verification with photo ID helps to reduce cheating on legal rules, for both buying wine and voting (and perhaps other subjects)," Chief Judge Easterbrook wrote. "After the Supreme Court held ... that a belief that in-person verification with photo ID reduces vote fraud has enough support to withstand a challenge under the first amendment, it would be awfully hard to take judicial notice that in-person verification with photo ID has no effect on wine fraud and therefore flunks the interstate commerce clause."

The 7th Circuit affirmed Judge Tinder on the wholesale-permitting aspect of the law, finding that the wholesale clause protects Indiana's wine wholesalers at the expense of Indiana consumers and out-of-state wineries.

Now, the case is remanded to the federal court in Indianapolis for proceedings consistent with this opinion. Judge Tinder has since been elevated to the 7th Circuit, so a new judge will be assigned to the case. Indiana Lawyer couldn't reach attorneys after the ruling to learn whether a rehearing or higher court review will be requested.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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