FC: Institute for Justice wins two victories for economic liberty

[Declan McCullagh <declan () well com>]

http://news.com.com/2100-1017-976900.html

   Courts spurn state laws on caskets, wine
   By Declan McCullagh
   Staff Writer, CNET News.com
   December 11, 2002, 10:30 AM PT

   Two recent court decisions could help boost Internet commerce by
   curtailing states' abilities to enforce protectionist laws.

   Both courtroom victories arose out of lawsuits brought by the
   Institute for Justice (IJ), a public interest law firm in Washington,
   D.C. And in both cases, courts ruled that state laws were unreasonably
   protectionist and were designed to hinder, not help, competition.

   Steve Simpson, an IJ attorney, said his organization hopes to
   establish a two-pronged court precedent. "First, governments shouldn't
   be permitted to favor certain industries or businesses over others,"
   Simpson said. "And second, they shouldn't be able to erect irrational
   barriers to entry. That's the common theme running through these
   cases."

   On Tuesday, a federal judge barred New York state from enforcing a law
   preventing wineries from shipping to Empire State residents. Unless
   appealed by Attorney General Eliot Spitzer, the order from Judge
   Richard Berman of the Southern District of New York clears the way for
   the state's 19 million residents to order alcohol online and via mail
   order.

   [...]




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