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And the argument will win. let s be clear. the distributors and wind delays in the state have this strong lobby and they don t want other distributors and dealers to deliver end. when you don t go to the liquor store, it s 2%. so it is a big number, because the bottom line is that the local distributors and the local retailers don t want to allow the law, but the vino will flow. i do agree that in 2005 and again a couple of years ago, the supreme court made it very clear it is a over restricted restriction on commerce. the out-of-state people will be able to sell. okay, so to recap, let the vino flow. rich, brian, enjoyed this weekend. thanks so much. mike: i write, some good news before we say good night. a hospital in missouri is showing its true olympic spirits ....
Donovan, welcome. thanks for having me. mike: from rhode island general law, no manufacture of distilled spirits or wines whose principal place of manufacture is outside of the state shall hold a wholesalers license. brian, start us off. mike, last name is rotella, right? so i ve a message for her friends out in rhode island. let the vino flow. 1951, this is probably not a constitutional law. 2001, maybe not. 2021, this is unconstitutional. for three reasons. the commerce clause paired with the commerce clause for a folks out there, we don t want new york and new jersey to have a trade embargo against each other. so ultimately, the federal government regulates interstate commerce. well, that is what s going on right here. and i think ultimately if this makes it to the supreme court, they are going to decide its economic protectionism. rhode island is saying, you can t buy wine from a retailer ....
Out in california. that is against the commerce clause, it is unconstitutional, let the vino flow. i think this is ultimately going to be a supreme court case and it s going to go on the favor of the folks challenging. mike: let the vino flow, i like it. contacting out-of-state merchants and prevented from purchasing and receiving a lawful product and an interstate marketplace in which they wish to participate. rich, what is your take? he s right. the bottom line here is if you can t discriminate against out-of-state wine distributors, then let s be clear. i live in rhode island and i want to order wine form of rhode island wind is jupiter, i m entitled to it. if i want to order wine from massachusetts, new york, michigan, they can t do that. and the basis upon which the government is doing it, which is the same as the federal government, is the commerce law. the commerce clause allows the states, any state in particular, to restrict the flow of ....