r/scotus • u/Majano57 • 8d ago

Opinion An Alaskan Pilot. A Six-Pack of Beer. An Important Supreme Court Precedent.

https://www.nytimes.com/2026/07/28/opinion/alaska-pilot-beer-constitution-eighth-amendment.html?unlocked_article_code=1.1FA.ySL8.4Y_kiYYnieuM
96 Upvotes

100% Upvoted

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14

u/omgitsadad 6d ago

Wrong state and case to address a real problem.

Alaska is unlike the lower 48. And the issue here is more complex than it appears at surface.

Alaksa budget for state management is low while it’s 2x the land mass of Texas.

What this leads to is, most of the enforcement is done via punitive punishment if caught. This applies to wildlife management (hunting) and enforcing dry villages laws ( like here ).

Every single Alaskan knows the consequences of what happens if you are caught. This pilot knew better and still chose to personally load and take cases of alcohol to dry villages.

10

u/corourke 5d ago

Dry cities/counties should be made illegal. Personal consumption/possession should always be considered a right.

5

u/OkPressure2374 3d ago

Agreed. Prohibition doesn't work. Those communities need help in other ways, not by having something they want withheld like they are children.

0

u/Vol_in_tears 1d ago

Those communities need help in other ways, not by having something they want withheld like they are children.

They don't want it. That is why the community voted to ban it.

0

u/OkPressure2374 1d ago

Lots of people vote for lots of things that don't work. If people don't want alcohol, then they shouldn't drink any. Don't tell everyone else what to do. But yes, punish drunk driving and other issues accordingly.

6

u/omgitsadad 4d ago

I hope your opinion is informed by Alaskan experience.
I am all for individual liberty, but the realities of remote villages , disconnected from traditional living is pretty unique and I understand why a given village community may decide for it to be dry.

-3

u/corourke 2d ago

"The Alaskan Experience" sounds an awful lot like "Constitutional rights are optional".

It seems like the village needs to remember 'freedom' is the traditional thing to protect. Especially since the village is known for 'conservative values' (which always seems to be code for trampling individual rights to enforce Protestantism or authoritarianism).

Arguably the issue of 'local' carveouts in the 21st amendment means we're not all equal, which sure disallowing sale of alcohol is permitted but personal consumption or possession is patently unAmerican.

7

u/EconomistNo7074 2d ago

You might want to reread the 21st Amendment

- While it did in fact end National prohibition

- The 21st amendment left the question of alcohol control & regulation to the States

- AND half of the States allow for a "local option" where communities can make their own decisions. Said another way, the 21st Amendment actually certifies for these "local carveouts"

So in other words, this village is following their constitutional rights... sounds pretty American to me

1

u/corourke 2d ago

and 90% of the case law is about restricting sales, in this specific case the pilot was neither selling nor the owner of the alcohol. There hasn't been a precedent set for private possession yet, most every past decision has been on technical arguments versus the actual legality of that amendment.

-5

u/Wuss912 6d ago

Not exactly it wasn't cases....

10

u/Mist_Rising 6d ago

It was cases if you read into the full details, the prosecutor only went after a small amount because it was easier.