The Wine Commonsewer

Proper Recycling of Champagne Corks

2009-07-16T15:38:28-07:00

The Boy, being such a boy, at Rick & Cara's Wedding, Denver, June 27, 2009

Sotomayor to Consumers: You Have No Right to Buy Out of State Wine, Neither

2009-07-16T09:52:52-07:00

Good Morning Gentle Readers,

Judge Sotomayor doesn't think the Second Amendment applies to state or local governments, a curious premise that singles out one amendment for special restraint. *THIS* amendment doesn't apply to the states at all, but all the rest do. Can anyone imagine seriously arguing that freedom of speech or the notion of probable cause do not apply to individual states? Follow along in your imagination here, please. State of Nevada to Feds: We're not going to read Miranda Warnings to arrestees any more because that law only applies to you guys, not the states. See how that works?

As it turns out, she also has little regard for wine consumers either, and, in fact, voted to uphold New York's protectionist scheme preventing citizens of the Empire State from purchasing wine from out of state wineries.

Judge Sotomayor was part of a three-judge panel finding New York's discriminatory position toward out-of-state wine shippers to be constitutional, affirming the trial court ruling. Forced to reconcile the Commerce Clause with the 21st Amendment, the court's opinion picked a state protectionist scheme disguised as a liquor regulation as more deserving of judicial protection than Ms. Swedenburg's right to ship legal goods across state lines.

The panel opinion in Swedenberg was eventually appealed to the U.S. Supreme Court and reversed. The Court, in a 5-4 opinion, held that the 21st Amendment returned state power to the status quo that existed before Prohibition, and did not create a new state power to regulate liquor even if it disrupts interstate commerce. Before Prohibition, the states did not have the power to violate the Commerce Clause, and the 21st Amendment was not intended to grant them this power. Since this ruling, many more states have permitted direct shipping from wineries, with 35 states permitting at least some form of direct winery-to-consumer shipping.

There is no question that she'll be joining the Supers and that prospect doesn't bode well for firearms owners or wine afficianados. Not to mention that she seems to have a bit of an authoritarian streak, consistently finding for the government (92% of the time according to Chuck Schumer, D-NY) .

Tax Foundation analysis here.

As Ever,

TWC

Tip of the glass to Clint Bolick, who argued the wine case

2009-07-14T22:21:13-07:00

Good Morning Gentle Readers,

Those are Johnsonville brats roasting on the grill. The veggie mix is asparagus, onion, zucchini, & maybe a couple of mushrooms that had been librully doused with balsamic vinegar, olive oil, with a little sea salt and ground pepper.

The veggie containment device is a ceramic-over-steel contraption that exposes the food to lots of smoke without the risk of it sliding down through the grate. It also cleans up well in the dishwasher or with Barkeepers.

Perched at seven thousand feet at the edge of the Rio Grande Gorge near the confluence of the Red River and the Rio Grande meant a chilly evening where the warmth of the fire was welcome. The wine? Honestly don't recall but it was a decent cabernet.

TWC first encountered Johnsonville Brats at the annual Route 66 extravaganza in Berdoo. There they rolled out the Big Johnson Grill, which is reputed to be the longest grill in the world. I have not verified that claim, but it is a beaut!

The foil? Keeps the brats from rolling off of the grill into the coals.

As Ever,

TWC

2006 Frei Brothers Cabernet Sauvignon (deux)

2009-07-11T19:38:43-07:00

Good Morning Gentle Readers,

Last week TWC reviewed Frei Brothers Cabernet Sauvignon Reserve. I'd already fallen into the role of useless brother-in-law, a frighteningly easy transition I might add. Hence, sampling a few wines in the balmy desert evening seemed a perfect way to finish off a day spent soaking up the dry Tucson sun on a pink, blow-up pool floatie (Shaddup) and wondering where the cocktail waitress had scampered off to. Sadly, William could not join in the good times because he had to WORK.

I'd heard some good things about the Frei Brothers and was anxious to try it, particularly since it happened to be on sale. My expectations were high and I was disapointed. I didn't dislike the wine just found it more expensive than it ought to have been.

In response to my tepid review I got a note from Gallo's Michael Heintz the other day who offered some additional perspective.....

Thank you for your posting on Frei Brothers Reserve Cabernet. I was sorry to see that you didn’t find the wine worth the price. Hopefully you’ll give some of the other varietals and try, and enjoy them.

I wanted to let you know that we still make Gallo branded wines from Sonoma, and they definitely did not flop. We still produce the Sonoma Reserve tier, which is broadly available. The higher end wines (single vineyard designates and Estate wines) are made in very limited quantities and are not available everywhere. We also make a winemaker’s signature tier, which is not distributed at retail, but is available through the tasting room in Healdsburg. This tier pushes the envelope a little further and is made in extremely limited quantities.

And as far as Frei Brothers goes, this is not a substitute for Gallo branded wines. We produce this brand as a tribute to the Gallo family’s 70+ year relationship with the Frei family, from whom the Gallos purchased several vineyards and the winery facility in Dry Creek Valley in 1978. We launched the brand in 2001, several years after the launch of Gallo’s Sonoma wines.

As I mentioned to Mr Heintz, the Gallo premium wines that I referred to were available in the early to mid 1980's and I had understood that these were a different undertaking than the upscale wines that came later. I was fortunate enough to find a case or so of them languishing on the bottom shelf of an old liquor store that no longer had a clientèle nterested in more than jug wine and Bud. These cabs were phenomenal and, unfortunately, I drank them all. :-)

TWC will try the Frei Brothers cab again.....I usually do that because sometimes you get an off bottle or an off night and everyone deserves a second chance.

As Ever,

TWC

City of the Angels Not Bound By Ruling (Only Taxpayers Are)

2009-07-10T09:19:38-07:00

Good Morning Gentle Readers,

This kind of stuff may seem especially egregious to you, Gentle Reader, but it is really just the Soup de Jour for most government bureaucracies.

Everything was fine until the city started running out of money in 2007. Suddenly, the city announced that it was going to ignore its own ruling and reclassify us in the higher tax category. Even more incredible is the fact that the new classification was to be imposed retroactively to 2004 with interest and penalties. No explanation was given for the new classification, or for the city's decision to ignore its 1994 ruling.

Their official position is that the city is not bound by past rulings -- only taxpayers are. (emphasis TWC's) This is why we have been forced to file a lawsuit. We will let the courts decide whether it is legal for adverse rulings to apply only to taxpayers and not to the city.

And when LA wins, they lose, because Creator's Syndicate will leave town, taking their jobs, revenue, and tax base with them.

Money quote.....

As long as City Hall operates like a banana republic, why is anyone surprised that jobs have left the city in droves and Los Angeles is teetering on the brink of bankruptcy?

Whole thing here at WSJ.com

As Ever,

TWC

Tip of the glass to Steven D

Ocotillo Sunset (Tucson, Arizona)

2009-07-09T21:30:25-07:00

TWC

Swiss Government Gives IRS The Middle Finger

2009-07-08T19:34:09-07:00

Good Morning Gentle Readers,

In February the US Justice Department obtained a court order demanding the identities of Americans holding Swiss accounts with banking giant UBS. Harry Browne anticipated something like this would eventually arise and three decades ago he advised Americans to avoid doing business with American branches of Swiss banks, preferring to work with Swiss banks located in Switzerland (or by mail).

Unlike the United States, which has very little financial privacy, under Swiss law banking privacy is sacrosanct. Yesterday the Swiss government stepped into the fray by filing papers in federal court insisting that the US court order would force UBS to violate Swiss law. Going further, the Swiss government said it would take possession of the financial data to prevent it's disclosure to US tax authorities and the Obama Justice Department.

The Swiss government will use its legal authority to ensure that the bank cannot be pressured to transmit the information illegally, including if necessary by issuing an order taking effective control of the data at UBS that is the subject of the summons, according to the filing.

Under the guise of crime fighting and tax collection, using RICO, Currency Transaction Reporting, and warrantless IRS seizures (to name a few) the US has shredded any measurable financial privacy that rightly should exist and be protected under the Fourth & Fifth Amendments. That should be the focus of our ire not the fact that a few rich guys parked some money in Switzerland without paying taxes on it.

Remind me again, please. When was the last time you heard about a Currency Transaction Report bringing down a money laundering racket. More likely it gets Joe Sixer audited for withdrawing some cash to buy that '57 Chevy he's lusted for since high school.

Whole story here.

As Ever,

TWC

I Am Legend

2009-07-07T08:25:00-07:00

Good Morning Gentle Readers,

I Am Legend struck me as Night of the Living Dead on steroids (and in color). Before it was a cult film I mean.

Saw Night of the Living Dead at one of those downtown 1930's movie palaces that even then was well past its prime. It was still a couple of years away from non-stop Spanish language porn films and it would be a decade before eminent domain and the bulldozers rearranged Broadway in Santa Ana into something less recognizable.

My girlfriend lived in Silverado Canyon and after the movie I had something in mind that would take her mind off scary things, but she was ready to go home.

These days Santiago Canyon Road is a commuter highway bordered by upscale gentleman ranches. At least those that survived last year's fire storms. Back in the day, it was winding narrow two lane canyon road that didn't really go much of anyplace, except to Cook's Corners, Silverado Canyon, and Modjeska.

I swear to you, Gentle Reader, there was a hitchhiking Living Dead, backlit by the harvest moon, lurking at the edge of every curve. They were peering at us from the chaparral and Sycamore dotted creek bed and staggaring around behind every granite outcropping on that narrow and desolate canyon road. It was like Disney's Haunted Mansion, except more believable.

And of course, that was one of the nights when her Ma didn't invite me to sleep on the couch in front of the fire. I was dodging Living Dead for an hour before the sweat cooled on my (then) less wrinkled forehead and I caught the cloverleaf at Chapman and the (two lanes) Newport Freeway.

Thank the Lord for small favors. Amen.

As Always,

TWC

2006 Frei Brothers Cabernet Sauvignon (Reserve)

2009-07-06T21:52:13-07:00

Good Morning Gentle Readers,

The 2006 Frei Brothers Cab is a half decent Alexander Valley wine. What it is not is a $25.00 wine. Nor is it a $16.00 wine, which is what the price worked out to after applying the Arizona exchange rate and the Fry's Grocery discount for having a phone number that tied into the Ralph's grocery network somehow.

Parker gifted these guys with an 89. The wine may have potential, but it in no way compares to Gallo's foray into the premium wine market twenty (or so) years ago. Wait! Yes, that's right Frei Brothers is just a Gallo label, not some upscale Alexander Valley winemaker.

In the early 1980's, when Ernest and Julio were still alive and kicking, they created some really good premium red wines. The marketing team advised them to drop the Gallo name, which was loaded with jug wine connotations, but the brothers were proud. They turned to each other, shrugged, turned back and said, but our name is Gallo. Predictably, the wines didn't sell well and the line was eventually abandoned. A shame, too, as these wines were very well crafted.

Rachet forward to now and everything has flipped. Marketing has a great name but the wine is marginal, at best, a ten dollar wine. Best thing that can be said about it is that over the last two decades, Gallo has set aside more than six thousand untouched acres of land for posterity.

Winery Notes:

Our Cabernet Sauvignon was crafted to express the best of Alexander Valley, showcasing ripe, rich, jammy dark red fruit flavors balanced with a touch of sweet vanilla and toasty oak

TWC Notes:

This wine is just okay and amply illustrates the premise that TWC yammers about on a regular basis. There are wines that cost half as much that are twice as good.

As Evoir,

TWC

You Cannot Put Out A Roman Candle

2009-07-05T09:24:54-07:00

Good Morning Gentle Readers,

Tim Cavanaugh once observed that a people who need the government to define what barbecue actually is cannot be considered a free people in any meaningful sense, which sort of sums up the state of the Republic in the new century.

Not to be outdone by California, Arizona, apparently, has raised the fireworks pot. I'll see your patchwork bans and raise it to a full, outright, statewide ban on everything from sparklers to bottle rockets, leaving residents to privately celebrate their independence with glow worms and confetti poppers from WalMart, some of which were louder than the real McCoy.

On the outskirts of Santa Fe, The Boy and I sauntered into Pyro Mania (not making that up) which seemed to be staffed entirely by gregarious Indians (feather, not dot) who, with sly smiles and an exxagerated shrug of the shoulders told us they just didn't know if bottle rockets, fire crackers, M-1800's, fountains, roman candles (and the two foot high mortar launcher guaranteed to put Disney's finale to shame) were legal next door in the Grand Canyon State. Truth is, TWC expected gun-toting Arizona to be a bit more open minded about blowing stuff up.

Back in the day we enjoyed America's birthday celebration with Safe 'N Sane fireworks courtesy of the local Boy Scout Troop. Given that Casa de las Rocas Grandes is in a tinderbox and a complete fireworks ban is in force, The House Blond and The Boy have never once written their names in the air with a sparkler. We aimed to cure that deficit.

Suffice it to say that the fear of repercussions resulted in a toned down sort of a celebration. Still the kids were awed and thrilled by the colored smoke bombs, multi-colored fountains, firecrackers, and boxes and boxes of shimmering sparklers.

The Boy remained mightily disappointed about the Roman Candles but Uncle Will was firm. The HOA would likely have puppies over something so brazen and the neighbors might call The Man. Being he's a two term HOA president, it'd not look good on his resume to be sanctioning the use of contraband.

Later, I called out to the The Boy and we took a stroll. Found an ideal spot, too.

Here now, hold this thing. Point it down the road. I'll light it. Do not shoot it up in the air or off into the roadside flora.

Hadn't heard a car for two hours but you know what happened next. Got that thing lit up and a BIG 4X4 roars through the gate, whereupon we commence our Three Stooges Do Fireworks routine.

Holy Crap! (expletive deleted) car coming. Dude! Shove that thing into the remains of the monsoon mud.

Bam! Red mud, gravel, sticks, debris.....pummeling Jake, back lit by fireballs and stars exploding in every direction.

Buried the dead remains in a shallow, red mud grave and tippy toed away.

No Sir, not us.....heard all the commotion, just checking things out. The box of kitchen matches? For the barbeque.

As Ever,

TWC

We Hold These Truths To Be Self Evident

2009-07-04T00:37:00-07:00

Good Morning Gentle Readers,

Had a delightful conversation over sturdy coffee and huevos rancheros in Old Town ABQ with a good friend a day or so ago. Presently the conversation came around to firearms and freedom. He explained that his country had thousands of years of history and accordingly firearms are tightly regulated. America is different, he explained.....

The gun culture in America was born of an inherent distrust of government that manifests itself to this day.

America's distrust of government has eroded mightily over the last century and, although we have squandered the better part of our birthright on the notion that more taxes will solve everything, there is still an undercurrent of readily apparent dissatisfaction with all things political. Thank God for small favors.

One day, a long, long time ago, a bunch of dead white males came up with something unique. Something appalling. Something that cost most of them whatever was dear to them. Something that doesn't exist most other places. Something that has been abused, debased, stretched, twisted, and warped by subsequent generations, but none-the-less, it is our unique American birthright.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

As Ever,

TWC

Celluoid Heroes

2009-07-02T06:46:29-07:00

Good Morning Gentle Readers,

We missed a left turn at Albuquerque and ended up way further down Johnson Canyon than intended. That's a tale for later. Pure serendipity, though. As it turned out, we ran across the decaying set sometimes used to bring Gunsmoke to life on the shades-of-gray small screen of bygone eras.

Bonus:

And now? South on US Route 666.....

As Ever,

TWC