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Of the District of New Hampshire, sitting by designation.
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United States Court of Appeals
For the First Circuit
No. 09-1169FAMILY WINEMAKERS OF CALIFORNIA, STEPHEN J. POOR, III, M.D.,GERALD C. LEADER,Plaintiffs, Appellees,v.EDDIE J. JENKINS, in his official capacity as Chairman of theMassachusetts Alcoholic Beverages Control Commission; ROBERT H.CRONIN and SUSAN CORCORAN, in their official capacities asAssociate Commissioners of the Massachusetts Alcoholic BeveragesControl Commission,Defendants, Appellants.ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS[Hon. Rya W. Zobel, U.S. District Judge]BeforeLynch, Chief Judge,Stahl, Circuit Judge, and DiClerico, District Judge.
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David Hadas, Assistant Attorney General, with whom MarthaCoakley, Attorney General of the State of Massachusetts, and ThomasA. Barnico, Assistant Attorney General, were on brief for theappellants.Michael D. Madigan, with whom Stephen M. Diamond and Madigan,Dahl & Harlan, P.A., were on brief for the National BeerWholesalers Association, amicus curiae.Lisa Hibner Tavani, Deputy Attorney General, with whom AnneMilgram, Attorney General of the State of New Jersey, and Lorinda
Case: 09-1169 Document: 00116002754 Page: 1 Date Filed: 01/14/2010 Entry ID: 5408935
 
Lasus, Deputy Attorney General were on brief for the states of NewJersey, Ohio, Rhode Island, Utah, and Wyoming, amici curiae.Evan T. Lawson, with whom Michael Williams, Lawson & Weitzen,LLP, and Louis A. Cassis were on brief for Wine & SpiritsWholesalers of Massachusetts, Inc., Wine & Spirits Wholesalers ofAmerica, Inc., American Beverage Licensees, and Sazerac Company,amici curiae.Tracy K. Genesen, with whom Kenneth W. Starr, Micah C.E.Osgood, Gerald J. Caruso, Susan E. Engel, and Elizabeth M. Lockewere on brief for the appellees.Bruce L. Hay for Wine Institute, WineAmerica, OregonWinegrowers Association, Virginia Wineries Association, WashingtonWine Institute, Madera Vintners Association, Monterey CountyVintners and Growers Association, and Napa Valley Vintners, amicicuriae.January 14, 2010
Case: 09-1169 Document: 00116002754 Page: 2 Date Filed: 01/14/2010 Entry ID: 5408935
 
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LYNCH, Chief Judge
. Massachusetts officials appeal froman injunction against a 2006 Massachusetts statute establishingdifferential methods by which wineries distribute wines inMassachusetts, Mass. Gen. Laws ch. 138, § 19F. The district courtenjoined enforcement of § 19F on the ground that the lawdiscriminates against interstate commerce in violation of theCommerce Clause of the United States Constitution. See FamilyWinemakers of Cal. v. Jenkins, No. 1:06-cv-11682-RWZ at 17-28 (D.Mass. Nov. 19, 2008) (order granting summary judgment).We briefly summarize the basis for the lawsuit, theissues presented, and our resolution of them before turning to thesupporting analysis. Section
 
19F only allows "small" wineries,defined by Massachusetts as those producing 30,000 gallons or lessof grape wine a year, to obtain a "small winery shipping license."This license allows them to sell their wines in Massachusetts inthree ways: by shipping directly to consumers, through wholesalerdistribution, and through retail distribution. All ofMassachusetts's wineries are "small" wineries. Some out-of-statewineries also meet this definition.Wines from "small" Massachusetts wineries compete withwines from "large" wineries, which Massachusetts has defined asthose producing more than 30,000 gallons of grape wine annually.These "large" wineries must choose between relying upon wholesalersto distribute their wines in-state or applying for a "large wineryshipping license" to sell directly to Massachusetts consumers.
Case: 09-1169 Document: 00116002754 Page: 3 Date Filed: 01/14/2010 Entry ID: 5408935
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