VOLUME 1 - 2008-2009 - ISSUE 1

1 Ky. J. Equine, Agric. & Nat. Resources L. 1 (2009).

HUBER WINERY V. WILCHER: THE COMMERCE CLAUSE,
STATE REGULATIONS AND THE FREE TRADE OF WINE

Comment Written By: William H. Brammell, Jr. 

Before prohibition, the nation recognized Kentucky as the third largest grape and wine producing state. Prohibition ended Kentucky's wine reign and tobacco gained increasing popularity with Kentucky farmers. In recent years, however, tobacco's dwindling popularity (and profit) has forced Kentucky's small farmers to consider crop diversification. Small wineries provide a profitable alternative for the Kentucky farmer and once again, grape and wine production occupies a significant role in the state's agricultural economy. In Huber Winery v. Wilcher, the District Court for the Western District of Kentucky evaluates the constitutional validity of four Kentucky statutes that were designed to foster in-state wine sales by imposing burdens on out of state wineries.