On the recordAugust 3, 1999
Yes. The State law itself is authorized, to the extent it is authorized, by the 21st amendment to the Constitution. And because the United States Supreme Court has interpreted the 21st amendment to mean that it does not empower States to pass laws that favor local liquor industries by erecting barriers to competition and that State laws that constitute mere economic protectionism are not entitled to the same deference as laws enacted to combat the perceived evils of an unrestricted traffic in liquor. We are simply restating those constitutional principles in the statute.
Source
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