September 19th, 2008
On September 11th, the 7th Circuit Court of Appeal said that they will not rehear an appeal concerning the original opinion of the Court in Indiana. The denial to rehear the case confirms that currently it is legally within the power of the State of Indiana to require wineries to ship wine to Indiana consumers only if an initial face-to-face transaction occurs. According to the Family Winemakers of California, this was “due to the fact that there was an insufficient evidentiary record to demonstrate that such a provision discriminated against interstate commerce”. Since a rehearing was denied, the only step remaining for Baude v. Heath would be an appeal to the U.S. Supreme Court.