Brown-Forman Distillers Corp. v. New York State Liquor Authority

Justice Stevens, with whom Justice White and Justice Rehnquist join,

dissenting.

Speculation about hypothetical cases illuminates the discussion in a classroom, but it is evidence and historical fact that provide the most illumination in a courtroom. Forgoing the support of a record developed at trial, appellant BrownForman Distillers Corporation (Brown-Forman) contends that New York’s Alcoholic Beverage Control (ABC) Law § 100 et seq. (McKinney 1970 and Supp. 1986) is an unconstitutional burden on interstate commerce “on its face.” Over 20 years ago this Court unanimously refused to invalidate…