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Show 14 Perfect Partner. WEDNESDAY, DEC. 8,2004 STATESMAtf'^VORLD & NATION High court considers constitionality of shipping wine sweeping. Justice Ruth Bader Ginsburg suggested the court WASHINGTON - The might remedy the problem of Supreme Court considered unfair treatment by striking Tuesday whether state alcodown laws that allow direct holic beverage regulations put shipments only for in-state in place 70 years ago, after wineries. "The out-of-state Prohibition was lifted, should vendors would be no better remain the law of the land in off, but it would be equal" the Internet age. she said. The court heard three cases At issue is the 21st challenging laws in Michigan Amendment, which ended and New York that make it a Prohibition in 1933 and crime to buy wine directly from explicitly granted states wineries in another state. authority to regulate alcohol Twenty-two other states have sales. Twenty-four states subsimilar statutes. Both Michigan sequently passed laws requirand New York allow in-state ing outside wineries to sell AP Photo/Eric Risberg shipping and Internet and teletheir products through Linda Elliot-Smith, left, director of sales, and her husband, winemaker phone sales. licensed wholesalers in the Patrick Elliott-Smith, pack a gift box of wine for shipping at their Elan state. The justices seemed troubled Vineyards in Napa, Calif., Dec. 18, 2003. that states could treat out-ofThe Constitution also procompete with huge companies unless state wineries in a different way from hibits states from passing laws that disthey can sell directly to customers over those within their own borders. They criminate against out-of-state businesses. the Internet or by allowing visitors to were equally uncertain, however, about That provision has been embraced by their wineries to ship bottles home. overturning long-established regulations winemakers who want to cater to aimed partly at protecting minors. During oral arguments, Justice Internet customers looking for vintages Anthony Kennedy wasn't so sure. unavailable in their home states. Alcohol is regulated by a three-tier sysWhile the 2nd U.S. Circuit Court of "Under your view, the whole three-tier tem: a state-licensed wholesaler brings in system falls," Kennedy said, inxesponse to Appeals sided with New York in upholdthe beverages, state-licensed retailers sell ing the state restrictions, the 6th Circuit, wineries' arguments that the state laws them to customers, and customers drink based in Cincinnati, struck down were discriminatory. He raised the them. Michigan's law as unconstitutionally prounhealthy prospect of dismantling state Owners of small wineries, which have proliferated in recent years, say they can't wine-control laws, calling wineries' claims tectionist BY HOPE YEN Associated Press Poor who most need drug card are hardest to sign up BY MARK SHERMAN Associated Press Not all diamonds are the same. At first glance, two diamonds compared may look very similar, but there may be enormous differences in rarity and value. Come see these diamonds for yourself and find out why couples for over a century have purchased their engagement rings at S.E. Needham Jewelers. Stare Hours: Monday - Friday 9:30 - 6:00 Saturday TtU 6:00 www.seneedham.com aI WASHINGTON - Jane Fumich and her team visit Cleveland's churches, public housing holiday parties and ward club meetings trying to give away the government's money. A year after the Medicare overhaul became law, the Bush administration is struggling to get the poor signed up for a drug discount card that comes with $1,200 in aid between now and 2006. Wednesday is the first anniversary of the Medicare prescription drug law that Bush and Republicans made their top legislative priority leading up to the 2004- election season. The administration is finding it difficult to get the discount cards in the hands of those who are the people who could gain the most from them. About 1.5 million low-income Americans have signed up for a card, DownEast ft • * • A i W > * * > + * * * * * + * t r * # Medicare chief Mark McClellan said. The administration had forecast that more than three times that many would enroll in the program by year's end. More than 7 million are eligible. Highlighting the difficulty, the private companies that sponsor the drug cards sent nearly 2 million cards to low-income people in October and asked them to make just one phone call to activate the card and government assistance. Only 100,000 have done so, McClellan said. The results of the discount card program are especially troubling because much more generous assistance awaits the poor in the Medicare prescription drug benefit, known as Medicare Part D, that begins in 2006. Drug bills can be cut by more than 80 percent on average, according to a recent Kaiser Family Foundation study, but only for those who sign up. "Part D is going to be even more complex," said James Firman, president of the National Council on the Aging and the leader of the Access to Benefits Coalition. The low take-up rate is endemic to government aid programs, in which just one in five people typically enroll after simply being told they are eligible, Firman said. "People are skeptical. The benefits are complex and people often have low literacy. The process of deciding what to do and filling out the paperwork is hard work," he said Hayes and other advocates say the administration is ignoring this history and taking the wrong approach by insisting that enrollment be voluntary. Instead, they say, the government should enroll everyone eligible, and those who object should be allowed to opt out of the program. 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