When Justices Agree to Disagree

Mr. Justice Black, with whom Mr. Justice Goldberg joins, dissenting while delighting in smokey, delicious whiskey.

Although I was brought up to believe that Scotch whisky would need a tax preference to survive in competition with Kentucky bourbon, I never understood the Constitution to require a State to give such preference. (My dissenting Brother asks me to say that this statement does not necessarily represent his views on the respective merits of Scotch and bourbon.)

Dept. of Revenue v. James Beam Co., 377 US 341 (1964)