I wrote my first appellate brief, and got my taste for appellate work, many years ago when I was General Counsel for California Cooler, Inc., a company that made wine coolers. Among the legal problems of the company was the tendency of state legislatures to enact protectionist legislation to favor their local wineries. That would be a blatant violation of the Supreme Court's "Dormant Commerce Clause" jurisprudence in any other industry, but courts have long struggled with the question of whether section 2 of the 21st Amendment authorizes protectionism for alcohol.

Anyhow, the battle goes on. The First Circuit today struck down a protectionist statute in Massachusetts.

I am intrigued by the list of counsel and amici. Ken Starr is on board for the free-market position, as usual. The Wine Institute is there as amicus. Mass AG and Senate candidate Martha Coakley defends her state's statute, as is her job. Then there is this:

Lisa Hibner Tavani, Deputy Attorney General, with whom Anne Milgram, Attorney General of the State of New Jersey, and Lorinda Lasus, Deputy Attorney General were on brief for the states of New Jersey, Ohio, Rhode Island, Utah, and Wyoming, amici curiae.

It doesn't say which side they are on, but since these are all states with small wine industries of the kind that often seek protection, I expect they are supporting Massachusetts.

Um, shouldn't there be a state AG supporting the California wineries? Uncle Jerry, where art thou?