Interstate Commerce

Dianna Dapkins thought the Internet would be the perfect place to find a rare Croatian wine that her local merchants in rural Shelburne, Mass., don't stock. Sure enough, K&L Wine Merchants, an Internet retailer that also has stores in Hollywood and San Francisco, sells the Plenkovic Zlatan Plavac Barrique for $34.99. Dapkins clicked on the wine to buy it but said she was stunned when the website would not let her complete the sale. "It is really frustrating," she said.

Healthcare overhaul bills working their way through Congress could jeopardize laws in California and other states that require insurers to pay for treatments such as AIDS testing, second surgical opinions and reconstructive surgery for breast cancer patients. What's more, the federal legislation could make it virtually impossible for states to enforce other consumer protection laws, such as the right to appeal if an insurer denies coverage for a particular treatment. Healthcare overhaul bills in both the Senate and the House would open the door to insurers selling policies across state lines -- which some lawmakers fear could allow health plans to take advantage of the lenient rules in some jurisdictions while avoiding tougher enforcement regimes in places like California.

A large portion of the U.S. wine market has been opened up to California vintners who ship directly to consumers, thanks to the signatures of two East Coast governors this week. George Pataki of New York and M. Jodi Rell of Connecticut each approved legislation that allows out-of-state wineries to sell and ship wine directly to the public in their states.

California lawmakers approved legislation that would drop restrictions on interstate sales of wine and bring state law into compliance with a recent U.S. Supreme Court decision. The measure by Sen. Wesley Chesbro (D-Arcata) would allow out-of-state vintners to sell directly to California residents by obtaining a $10 permit.

The Supreme Court is being asked this week to intervene in a long-fermenting wine war that pits the champions of small vineyards against state regulators and their licensed wholesalers. The question is whether wine lovers should be able to make purchases through the mail from out-of-state vineyards. The answer requires the court to resolve a clash between two principles set out in the Constitution. The first principle guarantees a free flow of goods across state lines.

Nine years ago, the Supreme Court's conservative majority proclaimed its intent to curb the federal government's power to meddle in local and state affairs. A federal law making it a crime to have a gun near a school cannot stand, the court said in a 5-4 decision, because simple gun possession is not part of interstate commerce.

The Supreme Court justices, a solemn and sober lot, will spend time this fall talking about wine, beef, marijuana and dogs -- all part of their wide-ranging duty to police the limits of the government's power. They will also consider whether young murderers can be put to death for their crimes.